Denver, CO asked in Animal / Dog Law for Colorado

Q: getting divorced we shared custody of the dog (which I bought) for a few weeks, she dropped him off now I don't want to

Give him back I have a protection order against her and the dog is on there as well. I have paid vet bills im the only one with a home. He is attached to this home because he has a puppy brother here as well. What kind of rights dose she have to the dog? It was not gifted to her. She took him when she packed her stuff and dropped him off to me.

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1 Lawyer Answer
Juliet Piccone
Juliet Piccone
  • Animal & Dog Law Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: The dog will be treated exactly as all your other property and I would make sure your final orders specifically state who gets the dog; shared custody cannot be ordered because it’s a dog not a child.

If you bought the dog during the marriage and it was not a replacement dog for one you owned before the marriage, it is marital property which you’ll have to either negotiate with her to have the dog awarded to you or the dog will have to be part of any contested debt/property/maintenance hearing for final orders.

There is likely an automatic divorce restraining order regarding keeping status quo and not selling, using or otherwise changing the marital assets/debts except for normal consumption and upkeep.

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