Lancaster, OH asked in Animal / Dog Law and Small Claims for Ohio

Q: What is the process for ownership of a pet bought for my daughter from a 3rd party that my ex will not let her have?

My ex- husband and I have separately and together at differing times taken care of a pet dog that was originally bought for my daughter by a friend of mine. I no longer have the receipt (although my friend might have copy of check) and pedigree forms that came with the dog when purchased. I have veterinary records andvcounty registration for the first 5 years (dog is 8) in my name. The dog lived with my daughter and Dad from Sept 2017 to Sept 2019. My daughter returned to living with me and her Dad allowed the dog to come for visits but would not let her keep permanently. Now he will not let the dog come at all and my daughter would like her dog back. Her Dad has not taken her to a vet since 2017 and often does not have food, she has been injured with no explanation. Can I take him to small claims court to attempt to gain ownership of the dog?

1 Lawyer Answer
Taylor P Waters
Taylor P Waters
  • Animal & Dog Law Lawyer
  • Worthington, OH
  • Licensed in Ohio

A: Yes, you can take him to small claims court. You want to allege Conversion of Property. Bring your records, try to find a copy of the check, and see if you can find any communications from him which support that the dog was purchased for or a gift for your daughter. You may want to bring it in both your and your daughter's name, but check with her first. She may not want to be listed as a party in a lawsuit against her father.

Make it clear in your complaint that you want the dog returned (specific performance/injunctive relief) and not money damages.

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.