Q: Who would have legal custody of a dog after the owner gave it to me and is saying he wants it back at some point?
My ex purchased a puppy which I helped raise/pay for. We split and he kept the dog in his custody for 5 months. He then left for college and could no longer care for it. He passed it off to his friend for 2 months, then asked if I would take the dog back because it would be in the best care. The friend handed over the dog to me with fleas, which I had to treat. I also now keep up with the dog's boosters, doggie daycare, neutering, microchipping, registration/licensing, and all of his care and daily expenses. I have a secure, well-paying salaried job, and my ex has no job and is in college. He now wants the dog back in about a year's time. Is there any way I can prevent this and keep the dog in my custody? Since he purchased the dog does it belong to him? I've spent far more money caring and providing for the dog, and it has a much better quality of life with me. Is there anything that constitutes my legal ownership of the dog to prevent my ex from trying to get him back in a year?
A: If this were to turn into a court battle, which would be silly, the question would be what was your agreement when you took the dog. If I’m going to study abroad for a year and I give my friend my dog to take care of with the understanding that it’s still my dog. Then it’s still my dog no matter how much money he spends in it. He could probably sue me for the money if it needed expensive emergency care but if he didn’t ask and I didn’t pay for food and regular check ups, that’s just him being generous. He agreed to take care of the dog. So, when he gave you the dog did he give it to? Or were you watching it? If it’s registered in your name, that will probably help. But the bottom line is what was the agreement? Something doesn’t belong to you just because you bought it. You can give anything you want away, and then it belongs to the person to whom you gave it. Something doesn’t belong to you just because you take care of it for someone else temporarily. I can ask you to watch a dog for a day, a year, and indefinite time, and you can agree to do so. That’s still my dog as long as it’s expected to be temporary.
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