Question
My brother and his ex have been dating on and off for almost a year, and he wants his dog. His dog is registered to him and he has is the adoption paperwork, but she's been paying for all the dogs vet bills because the dog lives with her, but he’s trying to get custody. I was just wondering if there’s a chance to prove he’s the owner of his dog.
Answer
I hope that your brother and his ex can amicably work out a custody/visitation arrangement that is in the best interests of their dog. When an agreement cannot be reached, sometimes the person who is not in possession will sue to try to get custody of the animal. The court will consider the evidence, including, for example, who purchased/adopted the animal and when, who has paid for the animal’s care, such as veterinary bills and food, who has been the animal’s primary caretaker, etc. While the person who adopted/purchased the animal prior to a relationship is in a better position to get awarded custody in many cases, courts will also consider what transpired after, including that the animal is not living with the person who adopted/purchased the animal (thus possibly implying the animal may have been gifted or abandoned). Some courts also consider the well-being of the animal. I hope your brother and his ex do too!
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.