Westbury, NY asked in Animal / Dog Law for New York

Q: Dog ownership question - Are texting from the other party stating "Your dog" enough to prove the dog was given to me?

Mother states my 11 year old dog is hers and I will not be able to take the dog when I move out. The dog is the daugther of my grandmother's dog (purchaser is my mother).. She was given to my uncle at birth by my mother (I do not know if the dog was registered) and raised in his house for 8 years. During that 8 year period I lived with him for 6 years and raised the dog until I moved back home after finishing my undergraduate program and starting graduate school. He was moving and was unable to take the dog so he gave the dog to me about 3 years ago. I have no documentation of vaccination or registration as my uncle lacked that documentation when he gave the dog to me. I have purchase history for food, grooming bills and vet visits in my name. I have multiple texts from my mother stating "your dog" as well as one with a picture of the dog in question.

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2 Lawyer Answers
Kristina M. Bergsten
PREMIUM
Answered

A: By itself, the texts are probably not enough, but with everything else you described, it would certainly help. If your uncle would be willing to testify in court that he gave the dog to you, that would be the most beneficial evidence to support your claim.

Benjamin Z. Katz
PREMIUM
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Answered

A: Custody and ownership disputes generally come down to the facts. If you are able to demonstrate that your uncle transferred ownership to you, a court will most likely find in your favor. However, this would require you to sue your mother. I would recommend that you register your ownership of the dog with New York State and keep copies of all records. If you choose to bring a formal action, it cannot be done in small claims court.

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