I adopted my dog from a family back in 2005 paying $100 in cash for him. My psycho ex boyfriend is threatening to take me to court for custody of him. Now here's the thing. I accidentally left his papers at his condo when I left and he paid an emergency vet bill once. That all happened a year ago and since then I have taken him to the vet and gotten his Rabies, Bordetella, DHLP shots, along with grooming, etc....
I do not want him to see, or have visitations but he's threatening to hire a lawyer and take it to court. This is just really sad and it breaks my heart because he's such a momma's boy and deserves to be with me.
Any help would greatly be appreciated.
2007-03-19 09:42:31 · 21 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Dogs are property in the eyes of the law. As such, your ex has no claim to him. Although he paid the one bill, you owned the dog because you paid the $100 for him. There's no legal theory by which he can recover if in fact you paid for the dog.
Besides the legal side, I seriously doubt any lawyer would take the case. The value of the recovery would be limited to the cost of the animal, which is $100. The average lawyer takes 1/3, so he'd get $33. The average case that settles takes about 10 hours of work for the lawyer, assuming there's no fighting at all. Essentially, the lawyer would be getting paid $3 per hour for his work. So no one would take it on a contingency basis. If your ex agreed to pay an hourly rate (about $125/hr where I'm from) he'd end up spending $1250 to get the dog. I doubt he's willing to come off this kind of money. If you really want to save your dog, "give" it as a gift to your parents of something. Then you don't have control of the animal to begin with.
2007-03-19 09:52:15 · answer #1 · answered by bestguessing 3 · 0⤊ 0⤋
The simple payment of a bill does not constitute ownership. It would appear that you can show ownership and responsibility for the dog. I presume you are saying that the dog deserves to be with you rather than your ex BF. This is probably only a small claims case anyway, and for that you do not require a lawyer. One thing that might enhance your case is to obtain a receipt from the original family from which you purchased the dog, while another is who is the registered owner on the dog's license? Keep all of your records and make copies to provide in the event this actually goes to court.
2007-03-19 09:52:34 · answer #2 · answered by Sailinlove 4 · 0⤊ 0⤋
See if you can go back to the people you purchased the dog from and get a notarized statement showing that you are the rightful owner. Send a letter certified mail return receipt requested to your ex stating that you are offering to pay him back for the one vet bill and include a check for the amount of the bill. Note on the bottom of the check that this is paying back a loan that he gave you for the vet bill for YOUR dog. If he cashes it make sure you get the original check to show in court if he tries to take the dog from you. That would be legal enough to prove that he does not own the dog.
I would also think that you can call the cops to escort you to his house to retrieve the papers that you left there in regards to the dog. Those are your legal documents and he has no right to hold on to them. You can even jump the gun, get a lawyer yourself and sue him for the return of the papers that show you paid for the dog. bring witnesses with you; friends, family, neighbors to say that you are the owner of the dog and always have been.
Rember, posession is 9/10ths of the law and you have posession of the dog.
Good luck with this.
2007-03-19 09:53:17 · answer #3 · answered by FaerieWhings 7 · 1⤊ 0⤋
I swear to God if you people burden the legal system with something so petty as a DOG I hope that they laugh you out of court.
I guess the clincher is did you own the dog prior to the relationship, does he have equal investment in the animal, and did the animal reside with the two of you as you were cohabitating (making the animal potentially joint property).
If he hires an attorney over this he's an asshole and jerk, ignore him and if the time comes he drags you into court have your papers that you do have in order. The most I can see him getting is the Emergency Vet bill if the dog IS yours and he paid it on your behalf.
2007-03-19 09:50:16 · answer #4 · answered by Susie D 6 · 0⤊ 0⤋
As much as this might hurt, a dog is not a child. It's property.
The law sees pets as being the same as a lamp, a stapler, or a pair of shoes.
Which means that ownership is based, mostly, on who purchased the dog. If you bought the dog, it belongs to you.
Your ex-BF can sue you for what HE paid to in pet food, pet toys, vet bills, etc., however.
So, you should pay your ex back for the emergency room visit. Send the check to him certified mail, return receipt.
If he fails to cash the check (or sends it back), you can show, in court, that you made a good faith effort to reimburse him.
But, no, the dog is not a child. And therefore is not subject to custody laws.
2007-03-19 09:53:08 · answer #5 · answered by Jay 7 · 0⤊ 0⤋
It is my understanding that pets are usually considered "property" under most state laws. Therefore, you, as the person that paid for the dog originally (see if you have proof of the transaction - either a receipt or if you got it from a breeder, humane society or animal rescue they should have record of your purchase - see if they can give you a copy of the proof) and as the person that continues to pay for the bulk of his care, you should have no problem keeping your dog. Besides that, I'm sure your ex-b/f is just trying to intimidate you. Unless he has a lot of money to spare, that's a pretty far way to go just to take the dog away from you.
2007-03-19 09:49:41 · answer #6 · answered by mrswho86 2 · 1⤊ 0⤋
yes, if your not careful, he can take the dog away.. but if you paid the family member, then use them when the time comes. If you actually have to go to court, take them as your witness'. they should have the papers or copies as well to use as evidence. I think that the most this guy is gonna get is custody, but if you play your cards well, then he won't get crap! Look for anything and everything that can be used against him to keep him from getting the dog! this is my advice to you.
2007-03-19 10:15:36 · answer #7 · answered by Ambah 2 · 0⤊ 0⤋
I agree with raven44012, but it would be a good idea to get in touch with a lawyer and seek legal advice. Since you bought the dog, and you can probably get a slew of people to testify that you take care if it and that it lives with you, it should be hard for him to get custody.
Him having the dog's papers is going to be a complication, IMO. However I agree with a lot of people here in that the guy's just being a jerk and trying to get to you. Talk to a lawyer and get his/her advice. Good luck...
2007-03-19 09:50:59 · answer #8 · answered by Gonz 2 · 0⤊ 0⤋
Possibly yes...but get statements from your vet, grromers, neighbors, and anyone else you can think of saying you take care of the dog and what a great owner you are.
That should help sway things your way.
2007-03-19 09:47:43 · answer #9 · answered by raven44012 4 · 0⤊ 0⤋
all the papers on the dog are in your name, correct? you paid for him, correct? your ex can hire a lawyer if wants too but usually lawyers will not take a case about a dog. but if he does you should fight him but since the dogs registration is in your name, i don't think he can take him. you can request another copy of all the papers from where you registered him.
good luck, i would die if either of my boys (dogs) were taken from me.
2007-03-19 09:52:35 · answer #10 · answered by deeshair 5 · 0⤊ 0⤋