1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Custody of a Dog

Discussion in 'Small Claims & Municipal Court' started by Arianna Nicholson, Jul 9, 2019.

  1. Arianna Nicholson

    Arianna Nicholson Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Idaho
    Iam trying to get legal custody of my ex boyfriend's dog

    Incident:
    On Monday, May 6th of this year my boyfriend and I at the time drove over to Spokane, WA to pick out and purchased a 7 week old Miniature Australian Shepherd puppy, from a backyard breeder. After getting the puppy from the backyard breeder, we didnt get any information on how to care for, nor were we given papers for authenticity of the puppy.
    After returning back to our apartment in Sandpoint, ID, I paid attention to the puppy and its needs, but since the puppy wasnt fully house trained and continued to have a few accidents in the house, and my ex would become forceful when rubbing his nose in the accident(s), and my ex would only feed the pup once a day, but beg me to fill up his bowl, soon my ex would retaliate again my will for trying feed the dog. As the days progressed I had noticed a lack of interest in the dog coming from my ex, while I ended up bonding more with and looking out more for the dog.
    On the day of the break up, my ex wanted me out but I wanted to still have time with the puppy, but he claims the puppy is his but it occured to me that he doesnt have papers or any proof that he bought the puppy nor registered the puppy in Idaho.

    Now since I had registered my puppy in my name in the state of Idaho, and he didnt, does that make any difference, or will i have to go to a small claims court to get official custody of the dog
     
  2. army judge

    army judge Super Moderator

    Messages:
    30,430
    Likes Received:
    4,138
    Trophy Points:
    113

    Dogs are property.
    As property, dogs are equated with shoes, furniture, automobiles, etc...
    Children of human beings aren't property.
    Children must be loved, nurtured, protected.
    No one obtains custody of property.
    Many human beings do obtain custody of children.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,667
    Likes Received:
    1,459
    Trophy Points:
    113

    Can't imagine how else you are going to resolve this if he won't voluntarily give up the dog.

    Here are some life lessons for you to pay heed to:

    Live with a boyfriend.
    Get financially involved with a boyfriend (car, house, rent, etc).
    Get a dog with a boyfriend.
    Have a baby with a boyfriend.

    All of those are recipes for disaster. Be thankful it's only a dog and not a baby.
     
  4. mightymoose

    mightymoose Moderator

    Messages:
    10,432
    Likes Received:
    1,570
    Trophy Points:
    113

    Yes. Dogs are property. If you can show documentation that this dog belongs to you then you should prevail. You may have to go to court to make it happen, but your documentation will make your argument stronger than his.
    In fact, with your registration papers you might try to collect the dog with the assistance of local law enforcement.
    They won't get involved with what belongs to who, but will ensure the two of you don't come to blows. Show the police your papers and explain your intent to retrieve your dog from the ex. Their presence may make him more compliant with your attempt.
    If he still doesn't comply, off to court you go.
     
    Arianna Nicholson likes this.
  5. justblue

    justblue Well-Known Member

    Messages:
    603
    Likes Received:
    256
    Trophy Points:
    63

    You want the courts to grant you an order to steal your ex's dog?
     
  6. justblue

    justblue Well-Known Member

    Messages:
    603
    Likes Received:
    256
    Trophy Points:
    63

    The dog is the BF's. OP wants to take it.
     
  7. Zigner

    Zigner Well-Known Member

    Messages:
    908
    Likes Received:
    476
    Trophy Points:
    63

    That's not how I read it. I read it that "they" (together) bought a puppy, but the OP registered it in her name only.
     
  8. justblue

    justblue Well-Known Member

    Messages:
    603
    Likes Received:
    256
    Trophy Points:
    63

    Upon rereading ...I guess your right. :oops:
     
  9. Arianna Nicholson

    Arianna Nicholson Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Oh no we co owned the puppy
     
  10. Zigner

    Zigner Well-Known Member

    Messages:
    908
    Likes Received:
    476
    Trophy Points:
    63

    Since you acknowledge that you "co-own" the animal, then he has just as much right to the dog as you do.
     
    justblue and hrforme like this.
  11. justblue

    justblue Well-Known Member

    Messages:
    603
    Likes Received:
    256
    Trophy Points:
    63

    I'm mis-read your opening post...My apologies.
     
  12. mightymoose

    mightymoose Moderator

    Messages:
    10,432
    Likes Received:
    1,570
    Trophy Points:
    113

    That you bought the dog together is irrelevant.
    If the dog is registered to you alone it is YOUR dog. He may have a financial interest to try recover, but the dog is yours and is supported by your documentation-- assuming you actually have it.
     
  13. Zigner

    Zigner Well-Known Member

    Messages:
    908
    Likes Received:
    476
    Trophy Points:
    63

    That's not even close to true. Registration for a dog isn't the same thing as registration for a car.
     
  14. mightymoose

    mightymoose Moderator

    Messages:
    10,432
    Likes Received:
    1,570
    Trophy Points:
    113

    Nobody is talking about cars here. Try to focus.

    This is a simple matching task.
    One person has paid licensing/registration fees and has a document with a license number on it that shows that person as the owner of the dog wearing the tag with the matching number.

    Whether the dog is wearing the tag or is otherwise verifiable is a separate issue, but the registered/licensed owner certainly has more of a claim to the dog over someone who isn't.

    That is the whole purpose of licensing- to keep track of who is responsible for each dog. Well... That and to collect a bunch of cash.
     
  15. Zigner

    Zigner Well-Known Member

    Messages:
    908
    Likes Received:
    476
    Trophy Points:
    63

    Why do you equate registration with licensing?

    I disagree that the "registered owner" of the dog has any more of a claim than the acknowledged (by the OP) co-owner of the dog.
    Think about how it will go in court - the OP will testify that she submitted the registration with her name alone, but the dog belongs to both of them. How do you think the court will rule.

    Of course, you're not suggesting that the OP perjure herself in court, are you?
     
    justblue likes this.
  16. zddoodah

    zddoodah Well-Known Member

    Messages:
    2,877
    Likes Received:
    572
    Trophy Points:
    113

    There's no such thing as "custody of a dog."

    A dog is a piece of property, much like a car, a toaster or a television.

    Will it "make any difference"? What does that mean? If you sue, your registration of the dog might be persuasive evidence that the dog is your property, but you didn't say with whom you registered the dog or why you registered it in your name, as opposed to both of your names.

    Then why, in the first sentence of your original post, did you refer to it as "my boyfriend's dog"?
     
    Zigner likes this.
  17. shadowbunny

    shadowbunny New Member

    Messages:
    15
    Likes Received:
    20
    Trophy Points:
    3
    Have you offered to purchase the dog from him?
     
    justblue and Zigner like this.
  18. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,667
    Likes Received:
    1,459
    Trophy Points:
    113

    Slice the dog in two and give half to each.

    :D
     
    army judge and Zigner like this.
  19. justblue

    justblue Well-Known Member

    Messages:
    603
    Likes Received:
    256
    Trophy Points:
    63

    And King Jack Solomon rules...All hail the Jack...

    :p
     

Share This Page