Question

My ex-girlfriend and I got the dog together. I paid the majority portion of her cost, all of her vet bills, and all of her food supplies. I have documentation under my name for the vet bills and registration. Her argument is that we got the dog registered as an ESA under her name. The only reason for this was that we were living in a breed-restricted apartment that did not allow our dog size. She has served me some papers for court in March, and I would like to know how I stand on this?

Answer

I cannot predict the outcome of a pet custody case. Given prior decisions of Florida courts, it will likely be difficult to get the court to order shared custody or visitation. While paying for most of an animal’s needs, such as veterinary care and food, can be persuasive evidence of ownership, so is having an animal registered as an emotional support animal. The court may also consider who has been the animal’s primary caretaker, whether the animal was gifted, and if one of the parties to the litigation moved and left the animal behind (and the circumstances behind doing that). I suggest attorney representation.

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.

Ask a Legal Question