QUESTION

Who do you think would get the dog if we went to court?

Asked on May 23rd, 2013 on Family Law - Rhode Island
More details to this question:
My ex-boyfriend gave me a dog for my birthday 4.5 years ago. He paid for the dog but gave him to me as a present. Since then we have been "sharing" the dog. But I licensed the dog and got a microchip put in him under my name. Also the veterinary costs as well as his annual shots are under my name. We both want "custody" of the dog.
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5 ANSWERS

In California, animals are usually treated as property, so "custody and visitation" disputes do not arise. In other words, the Court will see your pet the same as a sofa or television. There is one exception to this. In situations where a domestic violence restraining order is issued, and good cause is shown, the Court may make orders regarding animals (see Family Code Section 6320). I believe it helpful to you that the dog was given to you as a gift and you have paid for much of its care. Gather as much evidence as possible in this regard to help prove up your case. Also, your question implies you were not married to your ex-boyfriend. As a result, unless you had children together you would not be able to bring an action in Family Law Court all all, unless a domestic violence restraining order was requested as discussed above.
Answered on May 27th, 2013 at 7:57 PM

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Criminal Defense Attorney serving Newnan, GA at Weiss Law, P.C.
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If the dog was a gift from him to you it sounds like you would be allowed to keep the dog. Also, it sounds like you have taken on the responsibility and cost of owning the dog.
Answered on May 24th, 2013 at 1:45 AM

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It's a gift, its your dog, but why go to court? Just work out a detailed custody arrangement.. that way there is no risk of losing your dog.
Answered on May 24th, 2013 at 1:43 AM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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If it was given to you as a gift, it is your dog. I strongly advise against bringing this issue before the Judge. You and your ex are just going to upset the Judge and no one wants an angry Judge ruling on their case. People have been known to share custody of a dog, if it means that much to both of you.
Answered on May 24th, 2013 at 1:39 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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The dog was a gift to you and belongs to you. He should have kept the dog and given you petting rights. But since he didn't, and if he is honest before the judge, you should get the dog.
Answered on May 24th, 2013 at 1:38 AM

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