Q: My ex recently abandoned the dog I paid for when we were together. He found out I have her and wants her back.
I paid for her as a puppy in 2014. We split in 2015 when he took her from me. He hasn't had a stable home in almost a year and has been injecting drugs. She was living with him in a trailer with drug addicts and was also pretty skinny. He recently left her with his brother saying he'd be back in a day, it's been 2 weeks. His brother couldn't keep 3 dogs so he asked if i wanted her back. He told me not to give her back to my ex due to the neglect she'd had. My ex found out I have her and wants to come get her. Do i have to legally give her back? I have an 1 year restraining order in place keeping him from my home, myself and our son.
A: Arguably, he gave up his property rights by not returning to retrieve the dog within the stated period of 1 day, and arguably his brother apparently gifted the dog to you. Based on this perspective, you may have legal rights to the dog. The greater issue relates to dog abuse, which should be reported to the police as soon as possible. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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