What happens to our pet if I get divorced? Can I have joint custody? Keep reading and you will find out!
We all perceive the importance of a pet: it is one more within the family. Now, in the event that a couple or marriage decides to end their relationship, what happens to the pet? who does he stay with? Can you have joint custody?
We explain all this and much more below!
Pets are not considered objects.
Until recently, the owner of the pet was the one who had full custody in case of separation or divorce. This condition was met as long as the pet had become part of the family during the marriage.
Last January, Law 17/2022 was approved, which transformed the Civil Code in regard to the legal regime of animals. The main novelty of this law is that animals go from being objects to living beings.
As a result of this, in the event of separation or divorce, a custody regime must be established for your pet.
Shared custody of pets, is it possible?
When a couple decides to end their relationship, it is best to reach an agreement on the care of their pet. These agreements are left in writing in a document called the Regulatory Agreement and the following can be established:
- Distribution of time
-Shared custody
- Expenses arising from your care
What happens if we do not agree on the care of our pet?
In the absence of agreement between the parties on the care of our pet, it will be the judge who finally decides who stays with. For this, the judge will take into account the well-being of the pet, being able to establish a shared custody or a visitation regime. Charges associated with the care of the animal will also be set, taking into account the interest of family members and the well-being of the pet, regardless of who owns the animal and who has been entrusted with its charge.
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