Cleveland, OH asked in Animal / Dog Law for New York

Q: 10 yr old dog, been splitting custody, time & visitation EVENLY with an ex for the past 5 years. Now ex is withholding.

I recently moved out of NY state, and have been traveling to transport the dog for the past 1.5 years via plane. Recently, my ex has asked (emailed) that I give full custody "because it is preventing them from finding true love, and is turned away by anyone they meet because of the 'abnormal' arrangement we have." In short I refused my ex's request, and they now will not respond to my communication and is cutting me off from the dog. Upon research, I assume the dog is treated like property, therefore, one of the most important pieces of evidence I posses is that I have sole correspondence with the breeder, as well as original payment receipt for the dog. Additionally, I have a hand-written contract (in my ex's handwriting) denoting that we are to split time evenly with the dog, and anything outside of this arrangement would have to be explicitly given permission. I also have prior documentation from my psychiatrist that the dog acts as an emotional support animal for me.

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1 Lawyer Answer
Benjamin Z. Katz
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Answered

A: You have a strong position based upon your payment receipt, communication with the breeder and the letter from your psychiatrist. These items are still the best method to demonstrate legal ownership.

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