Perth Amboy, NJ asked in Family Law and Animal / Dog Law for New Jersey

Q: i got my now ex-fiance a dog for his bday. On the dog's adoption, it has my name. Do i have any rights to see him?

Although he was a gift we always said he was our dog. I was always mom and he was always dad. We both took care of him but now after the break up he doesn't let me see him. He always stayed with him as my house was in renovations. So his main living arrangement was at his house. But i would stay over his house as well for the majority of the time as i always slept over. We were both at the vets appointments [he paid], we both fed him, and played with him, and slept with him in the bed. I paid for the adoption and the adoption has my name with his address. Do i have any rights over our dog? As he continually argues that since he was a gift i have no rights. Which i find unfair since i was as much part of the dogs life as he was. I was the one that applied and chose him and adopted him. i'm not trying to take him away from his dad but i feel i should have access to him as well. And he is not letting me see him i want to know if I have any rights to take this to court. I am his mother.

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1 Lawyer Answer

A: You really need to think hard about how much you want to see the dog. Since you were never married, the dog is not marital property and therefore not something you should pursue. Realize that you have no "rights" to the dog (even if s/he has your name). And, if it's not too objectionable, you might want to try reconcilling with him. He may just change his mind. Otherwise, try buying your own dog.

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