Dogs and Divorce: Pet Custody
When a childless couple divorces there is generally no issue of custody, except when there is a dispute about who will get custody of the four legged family members.
The ABA Journal E Report features a case in which a lawyer was appointed as guardian ad litem for a dog in a contested custody dispute. This report lead a columnist for the Times and Democrat to imagine the negotiation for custody of a dog in a divorce:
There would be many issues to discuss: Who will get primary custody and who will get visitation rights? Is joint custody a possibility? With whom does the dog spend holidays? Then there is the issue of doggie support: Who will be responsible for the dog’s veterinary care and the associated expenses? Who will pay for his grooming? Well, at least the couple wouldn’t have to argue about who pays for his education.
In my experience, when a divorcing couple disputes custody of a dog or cat, courts have treated the matter not as a custody dispute but as a personal property issue.
Tell me about your experiences.
I really don't know much about the law when it comes to pet custody. I use to share two dogs w/ an ex boyfriend.. and I always took care of them, paid for everything, and they are both listed & licensed under my name. Since our split back in January 07, I gave my ex a chance to prove that we could still share the dogs. He failed b/c he has no time, no responsibility, and their living conditions worsened. I decided that I would not bring them back to his home to visit and they are now living with me fulltime. I have also had to deal with him in other issues, and just recently filed an ex-parte agaisnt him & won. I realized what kind of person he was and he became someone I feared. I am curious to know.. what are the chances of him trying to get my dogs & winning if they are mine and I am the rightful owner? Any information would be appreciated! Thank you!
-Risa
My dog Layla was just taken out of my home by my husband who I've recently separated with. He has taken her from me and given her away. He thought that if he couldn't take care of Layla that he didn't want me to have her either. My heart is broken and I miss her so much. I have asked people for advice and everyone says she's just a dog, get another one. But I want to know if Layla and I have rights and what those rights are. I am capable of caring for her and her needs. Can anyone help me get my Layla back?
My husband adopted a two-month old pup from the Humane Society in 2003. His ex-girlfriend was very close to the dog, also, so when they broke up they came to a conditional verbal contract regarding the dog. My husband told his ex she could keep the dog for the time being (because she had a yard and my husband was working nights at the time) on the condition that he could see the dog whenever he wanted. At first, his ex followed the contract, but she had the dog when she found out we got married, and has completely ignored my husband and not let him see the dog since then. The last time he saw the dog was the end of June! I know it was a verbal contract so it would be his word against hers, but the adoption papers from the dog are in his name.
My husband has been trying to get a hold of her for several months now to get the dog back for a visit, and she is completely ignoring all of his attempts to contact her, and will not let him see the dog. We know she still lives in the same place, has the same phone number and the same e-mail address--she is simply ignoring us. The situation has torn him up, so we want to take the next step to legal action to get the dog back. However, I haven't found a lawyer yet who will talk to us about the case.
Is it considered Family Law or Animal Rights Law?
At this point, we think if we let his ex know we are serious about taking legal action if she does not respond and let us see the dog, we think she will submit and let him have the dog. We think a strongly-worded letter signed by a lawyer will suffice, but nobody has said they will do it.
So, we considered taking her to small claims court, but my understanding is we can only sue her for money, not for the dog--is that correct? The dog is worth a lot emotionally, obviously, but the adoption was only for $115, so small claims court would not help in this situation, would it?
What are our rights and what would you advise that we do? Any help you can offer or any direction you can point us in will be greatly beneficial.
Question. We have two dogs who are inseperable. I paid for both dogs and we split the vet bills. One dog was my wifes valentines day gift.The dogs need to stay togther.My wife wants one, i want both. Any solutions??
My boyfriend and I have been living together for almost 2 years now. we got a dog about a year ago. He paid $50 for the dog but I pay for all of the dog's vet bills, food, medicines, toys, and anything else the dog may need. We both love the dog and feel like it is our baby. My boyfriend is threatening to leave me and move 5 hours away. He says that he is taking the dog and he should get him because he paid for him. I would be devistated if the dog were taken away from me. What should I do. Would I win the case if I took this further?