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.

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

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
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: 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.

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.