The custody of pets in Law 17/2021

Abstract

The aim of this paper is to analyze the judicial determination of the custody of pets according to the Law 17/202, in force since 2022, which considers animal as living beings endowed with sensitivity. Within this framework, the regulatory agreement, the judicial authority and the custody of pets, the joint custody, and its unfeasibility due to mistreatment of animals, the custody of children and the custody of pets according to the interest of the minor, the determination of custody in families without children, the cause of inclusion of pets in the family structure and custody are studied. Among the main conclusions, it is established that the custody of pets can be sole or joint. In this regard the former spouses have the possibility of agreeing on the type of custody by means of a regulatory agreement, if this does not occur, the judge will determine the custody regime. However, the lawmaker conditions the application of joint custody in cases of threats or mistreatment of pets, but this is not the case with sole custody. Custody of pets in unmarried couples is pending regulation. As for the working methodology, the analytical, interpretative, and comparative methods are used.