Pets and their care have become a theme in divorces, the dissolution of stable partnerships and even in wills, executed in notary offices. After the breakup of their cohabitation, many couples have tried to define shared custody of their pets, due to the emotional bonds that are created with them, which, in most cases, are truly considered as children by their guardians.
The definition of shared custody of the pet is carried out at the time of formalization of the deed at the Registry, and the parties must be of age, capable and there is consensus between them.
Fernanda Leitão, notary of the 15th Notary Office, points out that, with this new family configuration involving pets in matters of divorce or dissolution of a stable union, “the ideal is that there is an agreement between the guardians, establishing the stay conditions, treatment, visiting hours, breakdown of expenses (such as food, walks, bathrooms, veterinarian, among others),” he explains.
The notary also clarifies that, although our civil code classifies animals as self-propelled, i.e. pets not subject to rights, by constitutional provision, these same animals have the fundamental right to a dignified existence. On the other hand, there is not even a legal device that deals with the custody of animals after the end of the couple relationship.
“Today the draft law n. 4.375/2021 which, in a nutshell, deals with the shared or unilateral custody of pets, in situations of breakdown of married life. The PL also deals with the obligation of the parties to contribute to the maintenance of pet animals. The proposal, being examined by the Chamber of Deputies, modifies the civil code and the code of civil procedure. New times, new rights”, adds Fernanda Leitão.
Couple fight in court over custody of dogs
In case of lack of cooperation from both parties, it is possible to go to court to formalize shared custody of your pets. This is the case of the physiotherapist Andreia Magalhães, 32 years old. She went to court after her ex-husband refused to allow her to spend the weekends with Lhasa Apso puppies Calvin and Kevin Ramos, 2 and 1 year olds respectively, both purebred Lhasa Apsos. The two bought the pets as soon as they moved in together earlier this year after officially getting married in December 2021. The kittens even attended the ceremony.
-t8f8f4gqgbqb.jpeg "Calvin and Kevin Ramos")
“The lawyer spoke to me and explained that currently the custody of pets is the same as that of a child. You can order every 15 days, every 7 days, but I only asked on weekends. But my ex denied and now the trial has been going on since June. Six months have passed and so far nothing has been resolved, because he (ex) presented himself in the case and filed a complaint. I think that’s why it takes longer,” says Andreia.
In the action, he has collected some documents, such as proof of payment, to prove that he participates financially in the monthly expenses of the animals. “I sent the lawyer several proofs from PIX showing that we shared all their expenses, from a mat, food, medical expenses and even weekly baths, which cost R$ 140. They are very hairy and therefore baths cost R$ $ 70 for each of them”.
Also according to Andreia, the now ex couple treated the furry ones like real children. “Everywhere we went, it was only if there was a pet friendly hotel. The only place we traveled and didn’t take them was on our honeymoon, in Cancún,” she says, hoping the courts will allow her to reconnect with the dogs.
“I am very attached to them, they are like my own children. I’m waiting and I really trust God that it will work, because I love these little animals so much. A lot of people from the outside say to let it go and get another dog, but it’s different, only the ones in the know are the ones who deal with the situations,” she completes.
Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
