Can my ex take my dog away from me?

Question

My ex and I adopted our dog last year, we broke up 4 months ago and she left him with me. Even when we were together she said that the dog was mine she never took care of him. I have paid for everything vet, food, ect. She is threatning to take him from me. The adoption papers are under her name, but I have taken care of him from the beginining. But everything else are either in both of our names. Since we broke up she hasn't seen, feed or taken care of him. Can she take him away? Is there anything that I can do? Should I get a lawyer? Please only serious answers please. This is really stressing me out.

Thank you.

Answer 1

If she comes to your door refuse to give the dog to her. If she brings the police say she gave you the dog and ask them if she or they have a court order for the dog. In this state, no court order means no exchange of property. You should thoroughly explain to the police that she left the dog with you, gave the dog to you, etc. It was given to you.

If you ever end up in court over the dog, the only thing she can get is the "value" of the dog which is low. I would quickly get a tag with my name on it for the dog though. Register him in your county as yours, chip him, etc. Then let her sue you.

I know a bankruptcy attorney who deals in repo cases often. There is really very little anyone can do if the owner refuses to give them the property. They have no legal recourse other than to get a court order. If they break in and take the property, refuse to leave your property, breach the peace, or anything like that, they are breaking criminal laws and can end up in jail if you file a criminal complaint. Police are never allowed to act as agents in civil cases, but sometimes they need to be reminded of that.

Answer 2

If she did want to take the dog away..you would have a good case if went to court since she left without the dog and hasn't been around since she left and you are taking care of him. I have heard of couples fighting over the family pet....I knew someone who went through divorce, and they both wanted the dog. He ended up getting visitation rights. I would say if she has left and hasn't come back to even visit with the dog, you don't need to worry. If it were me, and I really wanted the dog, I would have taken the dog with me when I left. But, to ease your mind, you may want to talk to an attorney about it to see what you would expect if she did want to legally take the dog from you. You also may want to have the dogs adoption papers signed over to you...but you will need her signature and approval to do this.
I hope everything works out. I can tell you really adore this dog.

Answer 3

Get a lawyer----as someone else said, I hope you have receipts or vet bills IN YOUR NAME (easily gotten by going to your vet to get a copy of HIS bills for you)....... the dog in this case becomes the "child" and custody must be granted to one or the other of you....here's the thing. Dog DO take work and she hasn't DONE any of it yet----if she has to get up and walk the dog every morning in JANUARY or has to cough up the money or vet bills, she MAY realize she CAN'T take care of the dog....and you will HAVE to let her know that if she DOES take the dog, all support from YOU is OVER.... no money when the dog runs away and gets hit and needs $900 surgery... no money when he needs shots at $200 a year..... and wait till she finds out all the other costs. that she AS YET hasn't had to think about. Why not approach her with THAT????? and if it doesn't work, talk to a lawyer---it's nice to see someone so DESPARATELY TRYING to keep a dog... so many people who split up stick their animals into pound or sheter which I hope does NOT happen to your dog.

Answer 4

were you married? My ex-h and I had a huge custody battle over my dog----which I won :-) with no visitation :-)))
Why would she want the dog if not just to hurt you? Maybe if you can offer her something in return? Pay the adoption fees or at least explain that she would only be hurting the dog who is happy and settled after the adjustment of your separation and would just be confused if he were forced into another new situation?
I hope she is more mature then that. Good luck

Answer 5

You need to speak with someone familiar with animal law. By law (in some states) an animal is considered the property of the person who provided care. My state if you have a dog for longer than six weeks in your custody (even if you know who the actual owner is) and you have been the sole provider for that dogs needs the dog is yours. So speak to a legal aide and be prepared with reciepts and witness statements from your vet, your neighbor, your family and your friends.

Answer 6

Or you look through the adoption papers and see if it says something like If your not able to take care of the dog it gets returned to us.

If it does, then technically she is in breach of contract because she abandoned the dog. Contact the rescue, let them know the situation and apply for the dog yourself. You'll likely have to go through the whole adoption process again.

When everything goes through the papers will be in your name.

That clause isn't always a bad thing.

Answer 7

Unfortunately, animals are not treated like living, breathing, feeling creatures. They are property. Use it to your advantage. The "property" is in your possession, and has been for 4 months, which is a big help. She's probably trying to rattle you, so call her bluff. It's going to take a lot of effort on her part to try to get him. Find out what is involved with splitting up all the property, and then prepare yourself. You know her better than anyone on YA... how far do you think she'd go?

Answer 8

I think she is just being a pain in the ****. If she hasn't taken care of the dog in all those months and left him with you, then why would she want to have him full time permanently now? I don't think she does. I think she's just trying to get something else out of you or just be aggravating. If she were to try to take him, you can contest this in court and request permanent custody. You can plead your case yourself in small claims court.

Answer 9

I believe being the dog is in your possession, she would need to file in small claims court or get court order. Get all your receipts handy so if she does or if she shows up with police. Make sure your dog is never left where she can take it....most places possession is 9/10's of the law.

Answer 10

In your defense she's only an owner in papers you take care of the dog so if need be show any papers you have that shows that you buy food and vet bills