Dog custody/ownership

[cjj1984]

Heres the story tell me if I have any options to get possession of my dog.

My father acquired a dog as a "family" dog 4 years ago. I raised the animal my father basically neglected it. For the past year and a half I have paid all the dogs vet expenses and split the price of the dogs food with my grandfather (he has a dog they eat at the same time).

This past year there was an issue where my father assaulted me after I asked him to be careful falling all over the dog drunk. The incident led to me and my girlfriend moving halfway across the state (we move Aug 1st) and we would like to take the dog.

I can show that I have paid the vet bills.
That my father cannot have a dog of that size where he lives.
A police report that shows he was drunk and assaulted me (not particularly relevant).

What else would I need to win this case if I file in court? My father has owned 5 dogs since I have been alive and never been the caregiver for any of them past the first year.

 

[Michael Wechsler]

Great question. Question to you - will your father care if you take the dog? Will he take any steps to get the dog back if you take the dog?

To begin, once you have possession of an item it becomes difficult for someone else to prove ownership superior to your possession. For example, if I have a book that you claim is yours, what proof do you have that it's yours?

Now in this instance, perhaps your father has a bill for buying the dog. You have proof that you've cared for the dog and paid for all its bills since that time. Was the dog a gift to you? Opinions may vary but this is not an easy decision for one to make absent any other proof. If the facts are that you can show proof that you have always cared for the dog.

Let's look at another question - licensing. I know some counties require it. I'm not quite sure whether there is licensing required in your area. The issue then becomes whether there is a registered owner of the dog on file in the same way you'd have a car, e.g. you might pay all the bills for the care but technically the registered owner is the person who owns that car. This could create a problem for you should this ever go to court.

My opinion is that you best work this out verbally with your father. You're informing him that you are moving anyways. Perhaps you can cross the bridge of the problem if and when it comes to that. And if there is paperwork required for the ownership of the dog, you may wish to consider that issue. It's possible that you can replace the tag easily just by removing the tag, refiling and putting on a new dog tag.

Best of luck. I understand how attached one can become to one's pets. Other people here may have a different opinion.

 

[cjj1984]

Thank you for the response. The animal is registered in his name and I already told him ide like to take the dog to which he replied "no".

 

[Michael Wechsler]

Well... then you have your answer.

Small claims court won't work for him since that court only awards money damages and not actual property such as a pet (sounds terrible, I know.) I don't know if you have an actual dispute about ownership of the dog. If you agreed to pay for the dog, what was your understanding? That it was your father's dog but he wouldn't take care of it? That he bought it but gave it to you and said "it's your pet?"

If you're asking whether merely taking care of a pet that doesn't belong to you means you acquire ownership, the answer is "no, that doesn't happen." The response would be to tell him to either transfer the dog to you or you may call the ASPCA and whomever else may be relevant in your area with regard to animal neglect and abuse.