Question

What can I do if I rescued a cat when I was living with my ex and now he doesn’t want to give him back.

Answer

People who believe that their animal is being wrongfully withheld can contact the police (although the police do not usually get involved in pet custody disputes between ex partners) and can commence a civil lawsuit to try to get the animal returned. If litigated, the court will consider the evidence presented by both parties to determine rights. The court may consider such things as who adopted/purchased the animal, who pays for the animal’s needs, such as veterinary care, under whose name an animal is registered (microchip, veterinary records, etc.), who is the animal’s primary caretaker, and whether one of the disputing parties gifted, sold, abandoned or mistreated the animal. Some courts also consider the animal’s interests. In fact, in a growing number of states, courts are required to consider the interests of the animal when deciding custody in divorce proceedings. I hope that you and your ex can work out a custody/visitation arrangement that is in the best interests of this cat.

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