Asked in Animal / Dog Law

Q: Can I get legal help if my ex won’t let me see our dog who we share custody over?

My partner and I got a dog when we were together. We broke up and she sent photos for a bit but now she’s stopped completely and blocked me. I want to be able to see my dog and have photos and updates of her.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In most jurisdictions, pets are considered personal property rather than family members in the eyes of the law. As a result, courts generally do not recognize or enforce "pet custody" agreements made between unmarried couples.

However, there may still be some options available to you:

1. Try to negotiate with your ex-partner: If possible, attempt to have a calm discussion with your ex about setting up a visitation schedule or agreement to share photos and updates about the dog. Perhaps offering to contribute to the dog's expenses could help facilitate an agreement.

2. Prove ownership: If you have proof that you are the dog's sole or primary owner (e.g., adoption papers, vet bills, microchip registration in your name), you may have a stronger legal claim to the dog. However, this can be difficult to establish if you jointly cared for the pet.

3. Pursue mediation: Consider working with a mediator who can help you and your ex come to a mutually agreeable arrangement regarding the dog. While not legally binding, a mediated agreement may be a good solution.

4. File a civil lawsuit: As a last resort, you could potentially sue your ex-partner for the return of the dog or its monetary value. However, this can be costly, time-consuming, and may damage your relationship further without guaranteeing a favorable outcome.

Unfortunately, without a legally recognized agreement or proof of sole ownership, it may be challenging to compel your ex to share custody or information about the dog. Consulting with a local attorney familiar with animal law can provide more insight into your options based on your specific circumstances and jurisdiction.

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