Denver, CO asked in Animal / Dog Law for Colorado

Q: My ex is keeping my service dog from me. How do I get her back?

We shared most of the expenses, split pretty much everything, I trained the dog, she lived with me for 4 months before I moved in with my ex. She is my registered service animal & emotional support animal. How do I get her back?

Related Topics:
1 Lawyer Answer
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
Answered
  • Parker, CO
  • Licensed in Colorado

A: If you can prove that you own the dog, you may be able to assert a replevin claim to get her back. If you both own the dog, it becomes trickier. In theory, you could do a partition action and ask the court to figure it out. I have done partition actions for land, but I know they can be done for personal property as well, which in this case would be the dog. There are many aspects of this that you will need to discuss with an attorney including process and costs. They can get expensive in some cases. It may be cheaper buying another service dog. But if you are emotionally attached to this one than it may be worth the money. You should call an attorney.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.

1 user found this answer helpful

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.