Asked in Animal / Dog Law for Colorado

Q: Ex left dog with me and my dog, she is an unfit parent who has made no effort to reclaim him and lied about why

My ex left her dog with me in October, he had been with me since June, but she left in October and left him behind and has not come back. She will ask how he is occassionally, but thats it. He is thriving in his new home with my other dog.. She now claims it was at my request that he stay, it was not. Its been more than 8 weeks, i have offered her airfare, she has balked on concrete plans to come get him each time. Each time there is an excuse as to why she cannot and each time a social media post shows she again chose a party or a football game etc. She clearly has priorities greater than his care. She has a job that requires her to travel 15+ days per month and had spoken about rehoming him ultimately. How do I protect the dog long term and my guardianship of him? it's very clearly in his best interest to not be uprooted and retain his stability and happiness

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1 Lawyer Answer
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: There’s no way to preemptively take the dog from her. Technically, the only she can get him out of your possession is to sue you and win. So unless and until she does that, the dog can stay with you. The longer he stayed with you, the stringer case you can build that he should remain with you.

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