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.

Related Topics:
1 Lawyer Answer
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Animal & Dog Law Lawyer
  • New York, NY
  • Licensed in New York

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.