Dog Custody

[tlmillet]

Jurisdiction

Massachusetts

My boyfriend and his ex rescued a dog together, her name only is on the adoption certificate because she was the homeowner and paid the fee. After they broke up the dog stayed with her because his new place did not allow dogs; however, he was still taking care of the dog almost fulltime (at her house) as a result of her work schedule and staying at her boyfriends instead of coming home to own home. Almost two years ago she told him that he had to get a place where he could take the dog because she couldn't have her anymore, her new boyfriend was allergic. She threatened to take the dog back to the pound when he told her he was having a hard time finding a place and asked her 1 more month. He found a place and took the dog and she sent him texts saying "promise me you will never give her away", etc. After about 2 months she asked if she could take the dog occasionally and he said that was fine that he wasn't going to keep the dog from her. Over the past year she has began asking for the dog more, in June threw a fit and said that they had always agreed to 50/50 and has now said that she wants the dog back full-time at the start of the year and him taking the dog was just temporary. She pays for things occasionally (but we pay for most things) has refused to add his name at the vet or to let him register the dog at his place. However, the dog is listed on his lease. He always tries to do what is best for the dog, but her threats and verbal abuse is getting out of control. In addition to knowing that this arrangement can't continue. He wants custody of the dog, but how can he prove it? Any help or advise would be greatly appreciated.

 

[army judge]

He wants custody of the dog, but how can he prove it?

The law considers dogs to be property, personal property.
No one can obtain "custody" of a dog.
Custody is reserved for human beings, usually children, sometimes adults who can't care for themselves alone, but NEVER animals.

All animals are property in the eyes of the law.

It might be best to simply allow her to take compete possession, thereby obtaining ownership of the dog.

He could then acquire his own dog, without involving another human being (including you) in the process.

Kids don't share things well, even when they become adults.

People like to possess and control their own stuff, not share it.

That is human nature, and has nothing to do with the law.

Eventually her alleged intrusions into your lives about the animal could derail your relationship.

 

[tlmillet]

The law considers dogs to be property, personal property.
No one can obtain "custody" of a dog.
Custody is reserved for human beings, usually children, sometimes adults who can't care for themselves alone, but NEVER animals.

All animals are property in the eyes of the law.

It might be best to simply allow her to take compete possession, thereby obtaining ownership of the dog.

He could then acquire his own dog, without involving another human being (including you) in the process.

Kids don't share things well, even when they become adults.

People like to possess and control their own stuff, not share it.

That is human nature, and has nothing to do with the law.

Eventually her alleged intrusions into your lives about the animal could derail your relationship.

Thanks for the reply. So her telling him he had to take the dog didn't mean that she gave away her right to the "dog" property?