Tips&TricksDivorce court declares dog a 'family member', sparking changes in pet custody disputes

Divorce court declares dog a 'family member', sparking changes in pet custody disputes

Today, many couples choose to have a pet, often dogs. Playing together, walking, and spending time together are not the only things we can provide for a new family member. A loving and safe home is all a dog, particularly an adopted one, needs. Problems arise, however, when the marriage ends and the dog is caught between the conflicting owners.

Few people know what to do with a dog after a breakup.
Few people know what to do with a dog after a breakup.
Images source: © Freepik

6:28 PM EST, December 17, 2023

What happens to the dog post-divorce?

The Supreme Court in Bogotá has recently issued an unprecedented verdict concerning the fate of a pet whose "parents" have divorced. The story began in 2021 when a man fell into depression after his divorce, as a result of losing custody of their dog, Simona, to his ex-wife. This illness greatly affected the man’s life, causing him to neglect his daily and professional tasks.

It's widely known that dogs can sense emotions and attempt to support us in periods of crisis. Simona suffered greatly from the man's absence, putting this insight to the test. The man then decided to sue his ex-partner for the opportunity to reconnect with their beloved dog. His lawsuit included medical documentation substantiating his illness, as well as a strong argument justifying the suit, in which he cited Simona’s deteriorating mental state due to the couple's divorce.

Can a dog be regarded as a human?

This unique case drew significant attention, and the court's decision sparked further emotion across Colombia. The Supreme Court not only granted the man visitation rights to the dog, but also acknowledged Simona as a full-fledged family member. Interestingly, the verdict asserted that Simona was the man's "child", justifying her right to have regular contact with her "father". This landmark judgment marked a progressive shift in Colombian law, legally recognizing a dog’s role within a family for the first time.

Dogs have long evolved from being mere home guardians. Their outdoor kennels have slowly been replaced by cozy indoor spaces. We are gaining a deeper understanding of canine psychology, recognizing the importance of building strong, positive relationships with them. But what happens to the dog in Poland after a divorce? According to the law, dogs are considered a component of assets, implying they belong equally to both partners. The couple is then required to mutually determine who the dog will live with post-divorce.

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