Mckinleyville, CA asked in Animal / Dog Law for California

Q: Can two people have the same Emotional Support Animal?

My partner and I adopted a dog together. My partner cheated on me shortly after and now we may break up. My partner’s name is the only one attached to the dog’s license and micro chip because at the time I thought it didn’t matter since I trusted my partner. Additionally, my partner has an Emotional Support Animal letter for the dog. The dog acts as an ESA for both of us but again we only needed one person to have the letter to live in our apartment and my partner got the letter from their therapist. However, I can get a letter from my therapist if need be. I now face loosing my ESA (although legally not my ESA) because my partner cheated. Is there anything I can do to fight to keep the dog or have a legal claim to her?

Related Topics:
1 Lawyer Answer
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO

A: The ESA issue is not an indication of ownership. Whoever’s name is on the adoption paperwork and/or paid for the dog is what determines 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.