More details to this question:
Myself, my ex boyfriend, and breeder all vonown a Cane Corso. My boyfriend and I are no longer together and he had a family court order to come get the dog although it's considered civil property. What are my rights in getting the dog back since I have proof of ownership as well and I have provided receipts. Dog microchipped in my name and signature of owner on license
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
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Lori Nevias, Attorney at Law
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Until recently, pets were considered property, and their distribution in a divorce or break up situation was treated accordingly. The law has evolved , and courts now consider many factors in making a determination of who gets the pet. The standard is the best interests of everyone involved.
You don't say whether the family court order was on consent- if it was, it will be difficult to challenge. If a decision was ordered by a judge after a hearing or submission of papers, there are strict deadlines for appeal- but it can be appealed if the deadline hasn't expired. If circumstances have changed since the order, you might have grounds for bringing a new action to get the dog back. If you provide more information I'd be happy to give you a better answer.
Answered on Jan 28th, 2017 at 4:42 PM