In an interview with Pamela Cerdeira for MVS Noticias, attorney Rodrigo Guerra Wong will discuss pet custody, which will be analyzed in divorce cases in Mexico City.
The Mexico City Congress approved an unprecedented reform to the Civil Code that establishes the obligation to include a care plan for companion animals in divorce and cohabitation proceedings. With this amendment, the country’s capital becomes the first state to legally recognize the custody and cohabitation regime of pets as part of the dissolution of a relationship.
Before this measure, divorce applications were limited to matters related to children, property, and alimony. Now, spouses must decide who will retain custody of the animal and who will have cohabitation rights. In the event of a disagreement, a judge will determine the most suitable caretaker, taking into account evidence such as official records or vaccination cards.
“On the one hand, pets, animals in the legal world, are considered things. They are considered real property; they are not persons as such. And now, thanks to or through this reform, animal rights are being recognized, which is nothing new, but these rights already go beyond the point of comparing them precisely to issues inherent to persons, such as cohabitation and visitation rights and custody rights,” the lawyer noted.
“I don’t deny that recognizing the rights of pets is favorable, but under no circumstances can we compare them to people,” he added.
Are pets treated the same as children?
Although in legal terms, animals are still considered personal property, this reform moves toward a broader recognition of their rights. The approved framework equates custody and visitation rights to what happens with children, which could open the door to new obligations, such as paying child support to ensure the animal’s well-being.
In practice, this regulation seeks to provide certainty in cases of conflict. If the pet was acquired before marriage or cohabitation, it will be considered individual property, but if it was adopted during the relationship, its fate must be determined similarly to shared property.
“The judge, as with children and other assets, will have to determine who is most suitable for care, custody, and cohabitation,” explained Rodrigo Guerra.
What challenges will this reform bring?
Experts point out that the measure could complicate separation processes, as it forces couples to reach broader agreements. They also anticipate debates over who will cover the costs of food, healthcare, and pet care, an issue that has already generated precedents in countries such as the United States and Spain.
“If they are already paving the way for a formal, legal position to be established regarding who stays and who has the right to cohabit, as we discussed a little while ago, they will also force those who will maintain them,” the specialist explained.
Although there are criticisms of the legal framework for equating animals with people, the reality is that the reform reflects the growing importance of pets within Mexican families. From now on, the custody and cohabitation of dogs, cats, and other companion animals will cease to be a purely personal matter and will become part of legal separation agreements.
Source: mvsnoticias
