Is divorce a difficult experience for everyone? Of course it is! However, do you know who are more affected by separations And what about divorces? Aside from the children, our pets are among those most affected by this situation, particularly when it comes to who gets custody of them.
One of the issues that is rarely given the attention it deserves is that of pet sitting. However, there are laws on this matter; proof of this is the reform of Civil Code, which states that if a couple separates and cannot reach an agreement, there are now legal action to solve the problem.
In this article, we explore the various situations that can arise regarding a pet during a separation, covering legal agreements and how to avoid court proceedings.
Pet Custody: What Does the Civil Code Say?
The Mortgage Act and the Civil Procedure Act provide as follows regarding the legal status of animals: “Animals no longer have the legal status of objects or property, but are now considered sentient beings.”.
In this regard, there has been a shift in thinking, ensuring that pets receive the protection they need in the event of separation or divorce. Since they are no longer considered part of the estate, the final decision regarding their custody will be made with their well-being as the primary goal.
Situations in which joint custody will not be granted in a separation
There is no question that the emotional bonds The relationships established with pets go beyond the legal framework. For this reason, the party interested in the pet custody You must provide conclusive evidence that such an emotional bond exists. If the other party disagrees, they may present their arguments and evidence, and the judge will decide.
Whether the judge decides to award custody to one of the parties or chooses to place the animal in the care of both, he or she must establish a visitation schedule and outline each party’s obligations regarding the animal’s upkeep and care.
Domestic violence It serves as a terrible example of everything that can go wrong in a relationship. Therefore, joint custody will not be granted in cases of separation if the following criteria are met:
- Evidence of animal abuse.
- That the parties involved might have bad intentions regarding the pet.
- When the divorce papers were reviewed, it seemed like a case of revenge—or worse, blackmail.
Tips for Facilitating Joint Custody of Pets in the Event of a Breakup
If possible, it is wise to avoid legal proceedings. To try a case It can be exhausting both financially and emotionally and it can often drag on indefinitely. A better option might be to bring in a mediator whom both parties trust.
The regulatory agreement It is a document that outlines and aims to address the outcomes of a separation or divorce. It should be drafted jointly by both spouses. Thus, within the legal framework, if a separation ever occurs, the “owner” will retain custody of the pet.
The emotional bond takes precedence over ownership of the pet and is addressed in the proposal to Animal Welfare Act, with the aim of protecting animal rights. Regardless of who the owner or “keeper” of the pet is, the custody This shared responsibility is intended to spare you suffering.
Still have questions? Need advice on determining custody of your pet during your separation or divorce? Contact our team of attorneys specializing in family law and schedule an in-person consultation at our Valencia office.
