Shared custody and family groups are the new realities for pets
Summary
In Brazil, pet custody and pensions in the event of divorce have increased, despite the legislation still considering animals as material assets.
Gone are the days when divorce agreements only covered issues related to property division and child custody. In the country that ranks third with the largest number of pets in the world, pets have also gained space when it comes to dissolving unions.
“In my 25-year career I realize that, in the last 10 years, cases regarding animal custody and pensions have increased greatly. Everything has changed from the perspective that pets are no longer animals locked outside the home , but they are treated as part of the family”, comments the lawyer Andrea Senatore Grillo, specialized in family and inheritance law.
Despite this understanding from society, Brazilian legislation still classifies animals as material goods, but already allows for shared custody and other requests.
“Our current Civil Code, since 2002, recognizes animals as things, but article 1583 has evolved to the point of allowing shared custody between their owners and there are still plans in the Senate to update our Civil Code, recognizing pets as part of the family group and changing their legal qualification into living beings with guardians”, specifies the lawyer.
In determining custody, the judge takes into account the affinity of the animal with the owner, the availability of care and the emotional and economic conditions. As regards expenses, although there is no specific article, these are distributed by analogy with food.
«The pension can be divided according to the economic capabilities of each guardian. They are set by considering the possibilities of who will pay and how much is requested. Generally, whoever keeps the animal has the so-called ‘immaterial’ pension, because the guardian can naturally pay his share in money or with the time available for the care of the animal. The counterparty’s contribution can be in the form of an exclusive pension or incorporated into the pension that the individual already pays to his ex-spouse or children. ”, specifies the specialist.
And when there is no consensus?
The lawyer says it’s not uncommon for a judge to decide pet custody disputes. He cites the case of a childless couple who faced disagreements over the custody of two dogs.
“Each stayed with one of the animals for a week. To minimize the impact of separation, every 15 days, both dogs bond, ensuring that pets do not lose their bond with their owners and each other. This case was interesting because, despite everything, they put the well-being of pets on the agenda and committed to keeping them together at least every fortnight”, says Andrea.
In another case, however, it was necessary to go to court to make the ex-spouse pay for the animals’ food. “My client was married and took care of ten cats with her husband. When they separated, she left all the animals behind without any financial support. Although she claimed that the cats were her responsibility and that she was not involved in their adoption, the the court decided that, being married in partial community of property, he would have to contribute financially to the maintenance of the animals, being condemned to pay maintenance to his ex-wife”.
Practical solutions for animal welfare
The scenario of separations involving pet custody also interferes with companies that provide food or other supplies for pets. At Pet Chef Chico, a company specialized in the supply of lunchboxes and natural snacks for pets, this new reality has changed the way of working.
“There are many separate guardians who share custody, and as food providers, we bridge this gap to make communication more comfortable and avoid conflict. Our job is to ensure that your pet always has quality food, no matter where they are. We carry out all this delivery and distribution logistics in a customized way,” explains Maria Mattos, managing partner of the company.
Businesses adapt to serve pets of separate owners
According to Pet Chef Chico CMO and co-founder Gisela Mattos, WhatsApp groups are created to ensure everyone is on the same page about pet care, making logistics easier. “We have a case where the day worker takes care of the animal, the secretary pays and the guardian organizes everything. We integrated everyone into the same system to avoid confusion, which other companies usually don’t do.”
Again according to Gisela, the company takes care of dividing the lunch boxes between the two managers, delivering to different addresses whenever requested and coordinating everything so that both parties know the delivery dates.
“Well, the saying that says that a dog that has two owners dies of hunger is not true. The guardians can rest assured because we don’t miss their best friends’ lunch,” jokes Gisela.
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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.
