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  • Pets & Family Law

    Here is a question for everyone and I am pretty sure I know the answer to this, however, how do pets and family law work.

    Person A asked Person B if they would take the dogs for a few days because she wanted to spend a few days out with her friends.

    Person B took the dogs and watched them, but after 3 days, never heard back from Person A, despite many phone calls and texts. Person B had to go home and work, so took the dogs with them. After 2 days of being home, Person B still has not heard from Person A. This is now 5 days.

    Person B took the dogs to the vet because they were having some health issues before they went into their care. All the sudden after a week, Person A has asked for the dogs back but Person B is refusing because the dogs are now on medication and have to have a follow up with the vet next week due to the condition of the one.

    Person A is now threatening legal action to have the dogs returned, Person B has his records from the vet showing all the work that has been done and Person B does not believe you can have custody of the dogs so Person A has no legal leg to stand on.

    Thoughts?

  • #2
    Pets are probably property

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    • #3
      Did Person A give permission to have the dogs taken to the vet?

      I would think a court would award Person A back the custody of the dogs.

      Unless there was a prior agreement, I also think a court would say that Person B made an independent choice to take the dogs to the vet therefore the cost of that is on them.

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      • #4
        Are Person A and B in a relationship? Are the dogs "theirs"?

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        • #5
          The dogs are owned by one person from the sound of it. And we're in temporary care of person B. As such, person B has no right to keep them/prevent them from their return to person A.

          Person B is a great person for taking dogs to vet. But an Ahole for not returning them.

          Family law does not deal with dogs.

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          • #6
            Thought this was interesting:

            Who Gets to Keep Fluffy? | Familyllb's Blog

            Who has ownership of the pets?

            Comment


            • #7
              Sorry to clarify, the dogs were family dogs and just a a couple weeks ago the couple split up, they were married. Dogs are around 8 years old and have always been family dogs.

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              • #8
                I'm gonna troll this thread

                I think shared custody is in the best interest of the dogs.... 5-2-2-5 probably works best

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                • #9
                  Originally posted by Links17 View Post
                  I'm gonna troll this thread

                  I think shared custody is in the best interest of the dogs.... 5-2-2-5 probably works best
                  I think it's silly to fight over dogs. I own 4 dogs, they are all my babies, but to waste police or court time? I don't think so.

                  I basically told Person B to either return the dogs or pay Person A what they are worth but there is no custody when it comes to dogs.

                  Comment


                  • #10
                    Originally posted by Berner_Faith View Post
                    I think it's silly to fight over dogs. I own 4 dogs, they are all my babies, but to waste police or court time? I don't think so.

                    I basically told Person B to either return the dogs or pay Person A what they are worth but there is no custody when it comes to dogs.
                    I agree but unless the dogs are purebreds how do you figure out the value

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                    • #11
                      They can put the dogs on auction and them as the only 2 bidders and whoever wins the auction pays the other one to gives the money to the SPCA. DONE!

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                      • #12
                        My pups are like my children, no kidding I would go to court over them and almost had to. Crazy Ex who never did want them in the first place - actually attempted to take them from me out of spite!

                        Luckily I have vet bills in my name and since I raise them as a side-business, Ex had no claim on them! Had he persisted in trying to get them he would have had WW3 on his hands .... just thinking about this has me sitting here with steam coming out of my ears !

                        Pets are considered as private property and on a legal basis, if you can prove ownership of them that's it. If they are pure-breeds you will have the papers to prove their yours. If they're mongrels, all you need is proof of purchase.

                        Comment


                        • #13
                          Originally posted by Janibel View Post
                          My pups are like my children, no kidding I would go to court over them and almost had to. Crazy Ex who never did want them in the first place - actually attempted to take them from me out of spite!

                          Luckily I have vet bills in my name and since I raise them as a side-business, Ex had no claim on them! Had he persisted in trying to get them he would have had WW3 on his hands .... just thinking about this has me sitting here with steam coming out of my ears !

                          Pets are considered as private property and on a legal basis, if you can prove ownership of them that's it. If they are pure-breeds you will have the papers to prove their yours. If they're mongrels, all you need is proof of purchase.
                          That's understandable but when they are purchased together and most time if the breeders are unregistered you don't get a receipt or a contract. Sometimes you do, but in this case they didn't receive a receipt.

                          I agree my pets are like my children, all our dogs are registered and vet bills are in both mine and my fiancé's name. One dogs chip is registered to me, one to him and one is jointly registered and the fourth is registered chip to me and my mother. So how do you split up the jointly registered dogs?

                          In this case Person A and Person B didn't have their dog chipped and the dog only went to the vet once a year or as required. In my opinion it's a silly thing to fight over. I guess if my fiancé was someone who didn't care for animals and wouldn't take care of them I would understand, but then again I would never be with someone who doesn't care for animals as they are a big part of my life and fostering and rescuing are my part time job.

                          Comment


                          • #14
                            What Im getting is that person B is pissed they had to pay what was probably a high vet bill. Possibly also pissed that they think person A left the dogs with B primarily for that reason. Doesnt mean that B gets to keep them. Give them back and learn from it. Dont get suckered in again. Or next time pay half the vet bill up front and send person A back for the follow up to pay the bill.

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                            • #15
                              The owner of the dogs has to pay for the vet bills, regardless of where the dogs were living at the time. If they are co-owned then it's 50/50 for the costs.

                              Believe it or not I have medical insurance for my pups - it's just a matter of time before they invent some kind of doggy-court to cater to 4 legged litigants! My lawyer is a REAL bulldog!

                              Comment

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