Dog ownership claim after breakup and caregiving responsibility in NY.

Question

My son and his girlfriend recently broke up. She initially owned the dog before the relationship, but she left the dog with my son when she moved to California. During this time, she did not take the dog to the vet or provide care beyond leaving food and water out. My son, who lives in New York City, has since taken on the role of caring for the dog, including taking him to the vet for vaccinations and getting an NYC dog tag registration. His ex-girlfriend now wants the dog back and has suggested using a moving company (not a pet transport service) to transport him to California. Given that my son has assumed all responsibilities for the dog's care and has incurred related expenses, does he have any legitimate claim to the dog?

Benjamin Z. Katz · Answer

Yes.  Based upon what you have stated, he has a legitimate claim to maintain possession of the dog.  The standard the Court uses is "best interests" of the dog.

James L. Arrasmith · Answer

This is an emotional situation, especially when a pet feels like family. In New York, dogs are legally considered personal property, which means original ownership—like who paid for the dog or who is listed on purchase or adoption records—matters in disputes. However, the situation gets more complicated when one person leaves the dog behind and the other steps in as the sole caregiver. 
 
Since your son has been providing food, medical care, and registered the dog with the city, he’s showing what's called “possession with intent to keep.” If the ex-girlfriend willingly left the dog behind and made no effort to reclaim or care for it for an extended period, that can strengthen your son's case. Courts will sometimes weigh who has acted in the dog’s best interest over time, especially when the dog has bonded with one party and has stability in their care. 
 
It’s also concerning that she wants to send the dog across the country using a moving company, rather than a safe pet transport option. That shows a lack of consideration for the dog’s well-being. Your son should gather all vet records, registration paperwork, and receipts to build his case, just in case this becomes a legal matter. He has every right to advocate for the pet he’s been loving and caring for.

Q: Dog ownership claim after breakup and caregiving responsibility in NY.