Question

Hello, a few months ago, my girlfriend and I broke up. We shared an apartment together, and shortly after moving in, I rescued a baby kitten from the side of the road, underneath a car. I took care of the cat, nurturing it back to health because he was very small, starved, and filled with multiple infections. My girlfriend and I ended up breaking up, and I couldn't take the cat with me the night we split because my mom is allergic, and I didn't have anywhere else to go. Now I am back on my own feet in my own place, and I miss my cat and want to have him in my life again. My now ex-girlfriend is being resistant about giving him to me. How should I go about getting him back? I paid for all his food, vet bills, and neutering.

Answer

People who believe that their animal is being wrongfully withheld can contact the police, although the police do not usually intervene in pet custody disputes, and can commence a civil lawsuit, such as a replevin action, to try to get an animal returned. Despite the fact that a person rescued an animal and paid for the animal’s food and veterinary bills, courts are likely to also consider what transpired after, such as whether the animal was shared, gifted, sold, or abandoned. I cannot predict the outcome of any given pet custody case. A court may decide, depending on the facts and circumstances, including any agreement between the parties, that when a person moves and leaves an animal behind, the intent was to relinquish the animal. Alternatively, a court could decide that the agreed upon arrangement was for temporary fostering and the animal should be returned. I hope that you and your ex can more amicably agree on a custody/visitation arrangement that is in the best interests of the cat.

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