Q: What is the legal/safe way for my daughter to retrieve her dog from her ex-boyfriend?
My daughter has a dog, Theo, with his microchip registered in her name. Theo is also registered as an emotional support dog for my daughter.
The ex-boyfriend bought the dog, but my daughter pays all the other expenses and is the main caretaker.
A: She can sue him in replevin in small claims court because the police will not get involved as it is a civil matter.
A: Typically one cannot sue a co-owner in a replevin action. Rather, she needs to file an action for partition in District Court and ask for his ownership interest to be severed and then for replevin, i.e. court ordered possession of the property which has now been declared to be hers. Winning a partition action depends on a lot of factors, but you probably need to consult with an experienced animal attorney who has done many of these cases. Before hiring anyone, ask how many custody cases they have done in Colorado and what the outcome was. Most of these cases are settled before going to trial.
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