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Brazil Puts Shared Pet Custody Law Into Force in Divorces

The law replaces ad hoc rulings with uniform rules for pet custody.

Overview

  • The statute, published Friday in the federal gazette, takes effect nationwide and makes shared custody the default when ex-partners cannot agree.
  • Judges must set time with the animal based on housing conditions, caregiving capacity, available time, and the pet’s well-being.
  • Routine costs such as food and hygiene fall to whoever has the pet at the time, while veterinary care, hospitalizations, and medications are split equally.
  • Shared custody is denied in cases of domestic or family violence or animal abuse, with the aggressor losing the pet without compensation and remaining liable for unpaid costs.
  • The law presumes a pet that lived mostly during the relationship belongs to both partners, and courts will now apply clear rules under the Civil Procedure Code, a shift expected to bring more disputes into court.