Question about pet custody

[wug37]

My ex-girlfriend called me today, suddenly threatening me with a pet custody lawsuit over the dog. She walked out on us back in March, and since then has made little to no effort to even see the dog. I scoffed at her, but looked into it and have found that such a thing really does exist. I was wondering if anyone has gone through this and if anyone knows how this works. I should mention that she currently lives in a place that won't accept animals, and I've never denied her access to the dog. In fact, I even tried to set up a time where she would be able to take him out for the day about 2 or 3 weeks ago which she refused, so her not being able to see him isn't an issue here.

Anyone ever deal with this? Even this long after a split where it was agreed at the time who would take the dog?

[wryter2000]

1. Is some kind of judge going to hear this?

If so, point out she has no way to take care of the dog if she's not allowed to keep dogs at her new place. Tell her if she does take the dog, you'll report her to her landlord and get her evicted.

[wug37]

4. Right now I think it's just a threat

As far as I know, she has not actually filed anything for it. But I want to be prepared in case she does go forward with it. I'm very sure that I would win if it did go to court, but the thought of losing my beloved Gilligan has really shaken me up very badly. I just want to know what I have to look forward to if she does proceed with some kind of suit. Should I look into getting a lawyer or anything?

[pitohui]

2. stop accepting calls from ex-girlfriends

it is barely possible that she could litigate for custody of the dog, fine, make her hire a lawyer

no good ever comes of keeping in contact with ex girl or boyfriends, you cannot be friends, don't answer the phone again when it's her number or return any of her calls, and if she does the stalking thing, get a damn restraining order

she is just using emotional blackmail to screw with your life

i would not allow this woman to contact me again, if she cares so much abt the damn dog, let her 1) move to an apt where she can have a dog, 2) hire a lawyer to start custody proceedings

you know what?

a damn dog ain't worth it

she ain't gonna do this unless she's crazier than a shithouse rat -- and in that case you should not be dealing w. her anyway

make a clean break

my ex-es don't get visitation rights to my pets, that is just crazy and a way to draw out the emotional pain

if you really have a custody battle to worry about, an attorney can inform you of the matter in writing

don't even deal w. this crap

[Caoimhe]

6. I disagree

when you say "a damn dog ain't worth it"

Most dogs are better beings than most people, imho

Once a dog finds a corner in your heart, it becomes a part of you. This woman apparently didn't feel the same way or she would have visited the dog after leaving.

I would fight tooth and claw for my dog!

[pitohui]

from the point of view of the blackmailin psycho a damn dog ain't worth it

sigh, i forget on the internets if everything is not spelled on a first grade reading level then reading for comprehension is unlikely to occur

the girl is screwing w. her ex

she don't want a dog or she'd have a dog and the type of rental housing where dogs are allowed

capisce?

psychopaths are not motivated by love of the animal, they are motivated by the fun of fucking over the ex

[Caoimhe]

7. I disagree

when you say "a damn dog ain't worth it"

Most dogs are better beings than most people, imho

Once a dog finds a corner in your heart, it becomes a part of you. This woman apparently didn't feel the same way or she would have visited the dog after leaving.

I would fight tooth and claw for my dog!

[wug37]

12. She called me from work

and she works with someone I play poker with every week, so I answered because it could have been him. As far as the rest of what you said, you're right. Although I believe my dog is worth fighting for, and I intend to if I have to.

[pitohui]

14. you won't have to

the girl is screwing w. you

it ain't abt a dog, it's abt keeping contact w. you either because she won't accept it's over or because she's a whackjob


so she's playing games to make you pick up the phone eh, well, i say the minute you hear her voice, hang up

don't say a word

just hang up

no good can come of "discussing" this

[El Supremo]

3. You got a sales/shelter receipt or AKC registration?

Is it in your name? Don't know what your state laws are, but either one of those papers would speak a lot about ownership to a judge.

[wug37]

8. We got him together from a private litter

so there is no real proof of ownership or receipt or anything like that. When we got him, it was in Pennsylvania. Since the breakup, I've moved to Delaware, but I don't know if that would have any bearing on it.

[Samurai_Writer]

5. Sounds like someone is bitter... and it's not you

I haven't had to deal with it, but from what you've said, she has no leg to stand on in getting custody of the dog. Plus, is she really going to spend hundreds of dollars on a lawyer to go after custody of the dog? I think she's just being mean and vindictive. Perhaps you've moved on after all this time and she can't get over it, so she is using the dog as her weapon of choice to hurt you. Just like couples who are divorcing will sometimes use the kids to hurt each other. It's disgusting.

[sam sarrha]

10. she might try to steal it ... i just quit dating and became of monk ..

works great

[acmavm]

9. She 'abandoned' the dog. No rights to it I wouldn't think. If it were up

up to her and her actions, the dog would have died from neglect.

[Gayla]

20. I actually put custody in my divorce papers

I wasn't about to let the ex even think about taking my Gummydog
(who he hated anyway), so I put it in our divorce..

If you think this crackpot is even half-way serious, talk to an
attorney now.

Beloved puppers are never just dogs - they're family!

[serryjw]

28. Funny that you should say this

25 years ago when I left my husband; I said I will take Natasha (cat) and you can everything else! I got a much better deal.

[SoCalDem]

31. When our boys were little hell-raisers, we often joked

that if we ever got a divorce, we would fight over who HAD to take the boys, and who GOT to take Miss Kitty..:)

[DBoon]

11. Does you locality require a dog license?

If so, who obtained the license?

If the dog is not licensed, do it now in your name.

[wug37]

13. Good suggestion

He currently is not licensed, but I'll do that first thing on Friday.

[karlrschneider]

19. Oops you beat me to it, I didn't make it to your post before I wrote mine.

;-)

[ArkDem]

15. No one has the right to own another living animal.

[pitohui]

18. oh for the love of--!

there's a helpful answer!

[Lex]

21. Under the law, pets are personal property.

nt

[El Supremo]

24. You must be from Boulder.

They passed some ridiculous law like that.

[ArkDem]

32. Amazing how many people can't detect sarcasm.

[karlrschneider]

16. One thing you probably should do, if you haven't is to get it tagged in

your name. It probably isn't prima facie evidence of sole ownership but I think it would be good evidence if there ever comes a legal issue. And make sure it has appropriate shots with receipts made out to you as well.

[Lex]

17. At least in NC, a pet is considered mere "personal property"

and whoever can show some sort of proof of ownership, then that is who gets to keep the property. I don't know of any "custody" arrangements over pets actually being litigated in this state.

[ohio_liberal]

22. She's playing with your head

Sounds like someone can't bring herself to let go and wants to get some control over you. If she's seriously considering filing a lawsuit, then let her do it. I know people who have split up amicably and have established joint ownership and custody of animals, just like they're children. Let me stress that it was amicable and the courts didn't get involved except to file the agreement. I can't imagine any court would give ownership to someone who lives where pets aren't accepted, and also because she walked away and wasn't even interested in seeing the animal until 8 months later. I wouldn't worry yourself about it.

[wug37]

27. I'm sure she is just toying with me

It was a lengthy relationship, over 6 years. We don't talk very often, but I do try to keep things on a pleasant level. This is the first time things have gotten nasty since, well, the first month after she left when I learned what was really going on....

I just never expected this, not this far out from everything. I'm a lot less worried now with everyone's words of encouragement and support. Thanks.

[karlrschneider]

23. Here's a court case of similar nature from Ohio

http://espn.go.com/outdoors/sportingdogs/news/2004/0720/1843084.html

[Lex]

25. You know, that sounds like deciding outright ownership, not custody

even though they have couched it in "custody" language.

[Warpy]

26. It's an empty threat

Given the circumstances you described, I don't know of any lawyer who would take the case.

Unless she's just hit Powerball and has millions to waste, I think you're probably safe.

If you are really concerned about this, paying a retainer to a lawyer to write her a really nasty note that mentions harassment and stalking might be a good idea.

Also, keep a paper trail of threats, phone calls, and any other communication. This isn't about the dog, and it could escalate into something else unless you manage to stop it. Don't initiate communication, and don't respond to it, either.

[RebelOne]

29. I think she is just trying to hassle you. n/t

[serryjw]

30. Fortunately, you weren't married

quote.......

Divorce laws over pets may be coming soon

Increasing amount of divorce cases are introducing the question of what to do with the custody of pets. In the past, divorce cases settled pets like any other property and the mediator or judge would arbitrarily decide on which splitting spouse received it during divorce settlements. Now, couples are not as willing to allow these divisions to be just decided on in such a manner.

end quote.......

http://www.divorce-lawyer-source.com/news/article4.html

Personally speaking I can't understand El Supremo's attitude. There is nothing more important than the animal's welfare. He can have the plasma TV and I'd take my furrbabies..It appears I am in the majority.

[BJW]

33. Immediate Issue--who OWNS the dog? Whose name is

on the license and the vet bills? This is the central "proof" issue here, as well as who the dog is with now, who takes care of the dog, etc.

You're NOT married. Pet disputes between people in states where common law marriage isn't recognized are property disputes between parties with competing claims to the "property", and are not "domestic" disputes.

If you're in a state that recognizes common law marriage, then she'd have to prove it--meaning she'd be at serious risk for having HALF of her property, debts and assets considered COMMUNITY ASSETS and the other HALF being yours, of course--to be split EQUALLY between you two.