How to request shared custody of pets
Posted: Wed Dec 18, 2024 7:02 am
Finally, pets are no longer legal property and now the Civil Code, specifically art. 333 bis , classifies them as living beings endowed with sensitivity. This is a great advance since pets are in most cases another member of the family. So much so that when a separation or divorce occurs, the question of whether or not there is custody of the animals arises.
Before the reform of the Civil Code, since pets were considered personal property, that is, another property, when a couple separated, the animal remained with the member of the couple who had it in his or her name and the other party had no rights. This is changing and there are already judges who establish shared custody of pets .
If you find yourself in a situation like this, you have a dog, a cat or even a snake as car owner database a pet with your partner, we recommend that you put yourself in the hands of professionals who are experts in the field, since animal law attorneys will be able to advise you in a specialized manner and taking into account not only your needs, but also those of your pet.
We must clarify that the term "shared custody" is used by analogy with children. When a separation or divorce occurs, the parties must specify in the collective agreement what will happen to the pet , that is, with whom the animal will stay, what the visitation regime will be or who will be responsible for the expenses. If there is no agreement, then just as occurs when there are children, the judge will decide on this aspect, always taking into account the protection of the animal .
Previously, ownership prevailed and therefore the animal stayed with the person who was its owner. After the reform of the Civil Code, we see that the affectionate relationship of the caregivers prevails over ownership. In fact, this change is also found at a European level where the rights of pets are protected. When you have a pet, you are not just an owner, you have to take responsibility for the care of the animal . Therefore, in a couple, if both of you care for the animal and if a breakup occurs, not only a visitation regime but also shared custody can be established.
Regarding the question we asked ourselves about how to request this custody, the most advisable thing is to try to reach an agreement with your partner. If you have a good relationship, it is best to sit down together and decide what will happen after the separation with the pet. If both parties have a good relationship and good communication, you can carry out all these procedures with the same professional, and if they are experts in animal law, much better since they will advise you in a more personalized way, for example there are lawyers in Zaragoza who are experts in this matter.
Before the reform of the Civil Code, since pets were considered personal property, that is, another property, when a couple separated, the animal remained with the member of the couple who had it in his or her name and the other party had no rights. This is changing and there are already judges who establish shared custody of pets .
If you find yourself in a situation like this, you have a dog, a cat or even a snake as car owner database a pet with your partner, we recommend that you put yourself in the hands of professionals who are experts in the field, since animal law attorneys will be able to advise you in a specialized manner and taking into account not only your needs, but also those of your pet.
We must clarify that the term "shared custody" is used by analogy with children. When a separation or divorce occurs, the parties must specify in the collective agreement what will happen to the pet , that is, with whom the animal will stay, what the visitation regime will be or who will be responsible for the expenses. If there is no agreement, then just as occurs when there are children, the judge will decide on this aspect, always taking into account the protection of the animal .
Previously, ownership prevailed and therefore the animal stayed with the person who was its owner. After the reform of the Civil Code, we see that the affectionate relationship of the caregivers prevails over ownership. In fact, this change is also found at a European level where the rights of pets are protected. When you have a pet, you are not just an owner, you have to take responsibility for the care of the animal . Therefore, in a couple, if both of you care for the animal and if a breakup occurs, not only a visitation regime but also shared custody can be established.
Regarding the question we asked ourselves about how to request this custody, the most advisable thing is to try to reach an agreement with your partner. If you have a good relationship, it is best to sit down together and decide what will happen after the separation with the pet. If both parties have a good relationship and good communication, you can carry out all these procedures with the same professional, and if they are experts in animal law, much better since they will advise you in a more personalized way, for example there are lawyers in Zaragoza who are experts in this matter.