By law who would have custody of a dog in this case?? Please help, only serious, educated answers please...?

Question

I purchased a purebred dog when my girlfriend and I first started dating and had it titled in both of our names. We split up a few months back and she took him with her and I really want to go about getting him back. I'm wondering, by law, do I have rights to him, or does she. We were never married and I paid for him in full, and I have notarized proof of payment from the breeder. I need to know that if I go to court, I can win it, no loop holes. I know the judge will see her crying act and she will say he was a gift and all that. But we weren't married, we weren't even living together when I bought him, and I paid for him.

Any help with this, or information where I can find out how it will be viewed and ruled on in court would be SO much appreciated. This dog is unbelievable and the girl has gotten on drugs since she left me and he would be so much better off with me. Please help me out!

Ok, no we didn't live together long enough to be common law, although it was purchased close to her birthday. I would rather not spend a ton of money on a lawyer for something that I paid for. I put her name on the title so she could have rights if something happened to me. He is a german hunting dog, and she doesn't hunt, although he really doesn't either, but the courts don't know that. We lived in Kansas and Missouri together, dog was purchased in Kansas.

Excellent, great answers for the most part, and HERE are the details you are asking for. I owned a home and she left and moved away, leaving me with the impression she would come back. So I allowed her to take 2 dogs with her that I bought, while I kept the other 2. When I realized she had other priorities it was too late and I was told since she has him, i can't take him back, I have to go to court. JUST so you know, she won't be bribed, she does love the dog a ton, but, I make a hell of a lot more money and have my own place, she is just a stupid college girl that gets everything she wants. We weren't common law. If the court did do that dog test, he might go to her cause he's been with her for months and she never disciplined him, I HAD TO.

Ok, we can't and won't have custody, we weren't married and live no where close to each other, she is a terrible person. The dog is property, nothing like a child at all. I payed for all of his food and some bills for over a year, she has had him for 6 months. He can't be sold and neither of us would agree to be bought out. ANNNNNDDD, why does someone always say to just buy another dog, I mean damn, that's like saying just go have another child, screw the awesome one you have. THAT IS not an option, he is an awesome dog, the most beautiful dog I have ever seen, and that is the type of answer I specifically asked not to receive. Does anyone have some really specific legal background in this area?? Please help....

Answer 1

Actually you have a REALLY good case. When you go to court it will be your word against hers so make sure you bring everything you need (papers, proof, etc). Talk with a lawyer. You need to find out what your state supports. Some states won't ALLOW you to get the dog back but will allow you to get the money you paid for him.
If she is on drugs she may need money. Bribe her with money!! BEFORE you give her the dog have her sign a note saying she has no rights to the dog because you paid her off!!
If that doesn't work hire a lawyer to serve her court papers. Maybe that will scare her!! Also pull out all of the punches. If she has a criminal record let her know you will bring it up. If she is on drugs scare her into believing the judge will drug test. Then hopefully she will give you the dog and move on with her life.
Good-luck

Answer 2

Proof of ownership is very important. I would get the dog back that would be the first step make sure you have as much documentation as possible including proof of purchase vet bills etc.

Having the dog in your possession would be better as it would then become her responsibility to obtain custody. Courts may decide on joint or shared custody has the dog is registered in both your names it difficult to say which way they will go. The decision will way on what you can prove you paid for and how long you lived together they will also take into consideration your current living arrangements and the dogs well being.

When it comes to court its not Just it’s Just the law.

Good luck it cant be easy

Answer 3

Dogs are by law at least considered property, so it usually comes down to who can prove most ownership. If you paid for the dog, you have the proof that you actually "bought the property". I hate to phrase it like that, but legally, they are property. I would make it a point though to bring up the fact that you bought the dog before you were living together. It establishes that the dog was for you. However where the dog actually is now will also play a part. If you walked out and left the dog...she could play the "abandonment" card. If you can prove that her lifestyle is detrimental to the dog though ( if she is on drugs, arrests? Trouble with the law?) It could help your case tremendously. I wish you luck.

Answer 4

My brother went through a similar situation. I'm not too clear on all the details but they were living together, and we're common law husband and wife. He paid for it, they both took care of it, when they split up she took it without his consent. I think that was the kicker. I think because she didn't ask for permission to remove the dog from it's home she had to give it back. I'm pretty sure as long as the dog was living in one home and then was removed without the permission of both owners, the dog is legally still bound to the home, and the owner who lives there. I can't say I'm 100% sure on this, but it does make sense doesn't it? I'd say go to court over it. Make the point that the dog needs a stable life, and to be removed from it's home unsettles it and it should come back to where it belongs. Good luck my friend.

Answer 5

Here's my two cents:

You bought the dog from the breeder. Breeders have VERY good memories when it comes to the people that they sold their 'babies' too. Did you tell the breeder that it was a gift? Or did you talk about how excited you were to have this puppy? The receipt is in your name, and it was purchased BEFORE you lived together.

Also, by 'titled' I think you mean "registered". Since you mentioned the dog is a purebred, it probably came with papers, and you registered it with the AKC or something like that. That in and of itself does not prove ownership so much. It just shows that this dog is an AKC registered purebred, and it was registered under John Smith and Jane Doe.

Were you the one that paid for all of the vet visits and food? Any receipts for that? Whose name is the dog under at the Vet? My 'babies' are under my name, and my fiance's cat (that I bought for him 3 years ago) is under his name. No reason for doing it that way, we just did.

Is the dog current on his heartworm medication? What about flea & tick (Frontline, etc)? This is a MUST for any dog. Not necessarily the flea & tick, but DEFINETLY the heartworm. If your dog isn't on heartworm medication, then she is not taking care of him.

So, in summary: You have the receipt from purchasing the dog. If the breeder remembers that this was NOT a gift, great. If you have vet bills in your name showing YOU paid for them, better. If the dog is not currently on heartworm, and possibly Frontline, THAT'S your ace in the pocket. The dog isn't being properly cared for.

That's just my opinion. Do with it what you will. :)

Answer 6

You paid in full, the dog is yours. Here are some problems that may arise in court. 1. If you were in a joint living situation for more than 2 years (depending on your state) you are a commonlaw couple and is practically like being married. 2. You put her name on the title which could be interpreted as a gift.

You should be fine, but make sure to have answers for any potential question that may arise in court such as "Why did you have it titled in both names"

Answer 7

I think it will be like a child. If any of the parents are in drugs, custody goes to the other parent. Especially if you have papers to proof your ownership of the dog. Now if the judge let the dog decide; like putting the dog on the floor and see with whom will the dog go with. Then the dog is deciding who treated him best and was good to the dog. Animals are like people, they have feeling too. But good luck and have faith. Hope my advice might be a good help.

Answer 8

you could take your case to small claims court. your leverage is basically the bill of sale in terms of ownership by purchase. i think ksfo's (radio station) website has some information on legal help. but if you want to pay a lawyer hundreds of dollars an hour then you can but i suggest you do your own research. also try www.petcustody.com. if your ex does try the emotional route it wouldn't do her any good. these things should be ruled strictly on what is best for the animal and not the emotions of the owner.

Answer 9

If you went through all that trouble I know the dog is worth it. As long as you have proof that YOU paid for the dog you can take full custody. Her crying will do no good against your proof of payment. She cannot say it was a gift without proof "your word against her's" once again no match. The dog is yours.

Answer 10

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