JAKARTA - Spain will consider the welfare of pets when a couple divorces or breaks up in the case of a couple seeking joint custody of their animal.
The decision follows similar steps from France and Portugal, requiring judges to consider pets as living beings, not objects belonging to one or the other, a trend that was in progress before the law was passed.
"Animals are part of the family and when a family decides to separate, the fate of the animal must be as important as the fate of any other family member," lawyer Lola Garcia said.
In October, a judge in Madrid granted joint custody of a dog to an unmarried couple and is seeking a decision on who can live with the pet after they separate. They took turns living with the dog for a month, and both were legally responsible.
Garcia considers this change a major first step in the upcoming changes to the laws governing human-animal relations.
Pet ownership in Spain is high among European countries and the left-wing coalition government is planning further legislation to strengthen animal rights, including bans on stray animals in circuses and stopping the sale of pets in shops.
However, opinions about the bullfighting tradition are still divided, an animal rights issue that doesn't seem to be resolved in the near future.
Previously, an attorney who wanted to determine joint custody of a pet had to prove the couple owned the animal as an object, giving an advantage to whoever registered the pet.
Now, judges have to decide based on who can provide better welfare for pets.
A person who can prove financial ability or has obtained child custody has a greater chance of obtaining animal custody, because there is an affective relationship between children and animals, he said.
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