Who Gets the Dog? Brazil Courts To Rule On Joint Custody
Courts in Brazil will soon have the authority to decide shared custody arrangements for pets when couples separate, along with ruling on maintenance payments.
The change reflects a growing recognition among Brazilian lawmakers of the significant role pets play in people’s lives. Under the new legislation, if separating partners cannot agree on who should keep the animal, a judge can step in to determine joint custody and ongoing care expenses.
The law will apply in cases where the pet has lived primarily with the couple. However, shared custody will not be considered if either party has a criminal record or a history of domestic violence.
Brazil, home to an estimated 160 million pets across a population of 213 million, has seen a rise in legal disputes over animal ownership. Members of Congress noted that as fewer couples have children, many form especially strong bonds with their pets, often treating them as part of the family.
Elsewhere, legal approaches vary. In the UK, pets are still treated as property in divorce proceedings, with ownership typically awarded to the registered owner. By contrast, courts in France have been able to grant shared custody of pets since 2014, and a Spanish court set a similar precedent in 2021 by awarding joint custody of a dog to a separating couple.
At Envio, we’re all in favour of keeping things ‘fur and square’ when it comes to these matters.
