Q: Ex-girlfriend wants custody of our adopted cat; how to resist her legal claim?

A: Disputes over pets can feel like custody battles, but under North Carolina law, animals are considered personal property—not dependents. This means the court will focus on ownership and possession, not “best interest,” like it would for a child.

Here’s how to protect your position and prepare for any claim:

Document possession and care.

Courts often look at who has been the cat’s primary caregiver and possessor. Keep detailed records showing the cat has been with you continuously since the breakup, including:

Vet bills and vaccination receipts in your name.

The microchip registration listing you as the owner.

Photos, texts, or messages proving the cat has lived with you.

Food, grooming, or pet supply purchases tied to your credit card.

Save your ex’s messages.

Her texts saying “I want custody” or acknowledging you have the cat are useful evidence—they show she knows and accepted that you’ve been the cat’s caretaker since separation.

Ownership indicators.

The initial vet visit under her name doesn’t automatically make her the legal owner, especially if she left the cat with you voluntarily and hasn’t provided for its care since. Continued possession and financial responsibility usually outweigh one prior vet record.

Avoid returning or “sharing” the cat.

If she has threatened legal action, do not let her take the cat temporarily. Once she has possession, it’s harder to get the cat back without filing a claim yourself.

If she files a lawsuit.

Pet disputes typically fall under small claims court (civil magistrate) for recovery of personal property. You can defend by showing evidence of transfer of ownership or abandonment—that she gave the cat to you willingly and hasn’t contributed to its care.

Consider preemptive action.

If you’re concerned she might show up unannounced, you could file a police report if she tries to take the cat by force or trespasses. Law enforcement will generally not remove a pet without a court order.

Optional step – consult an attorney.

A North Carolina civil or small-claims attorney can help you prepare your documents and ensure your timeline of ownership is clear.

In short: your strongest defense is continuous possession, payment of expenses, and evidence that she voluntarily left the cat with you. In NC, those facts typically make you the legal owner, and her chance of recovering the cat through court is low without proof that she retained ownership or was only loaning the pet to you.

A: It’s understandable to want to protect your cat, especially since you’ve been her primary caretaker since the breakup. In most states, pets are considered personal property under the law, so the question becomes who can show ownership through actions, records, and expenses. The fact that you’ve been solely responsible for the cat’s care—covering medical expenses, vaccinations, and microchipping her in your name—strongly supports your claim. The texts from your ex acknowledging that the cat is in your care also help establish that she willingly gave up possession.

To strengthen your position, gather and organize all documentation showing you’ve been the cat’s primary caregiver. Include vet records, microchip registration, adoption papers, receipts for food, and any messages showing your ex agreed to leave the cat with you. These records create a clear timeline showing that you’ve been the one providing consistent care and financial support. If your ex decides to take the matter to small claims court, these documents will serve as your best evidence that the cat legally and practically belongs to you.

You can also send your ex a brief, polite written response stating that the cat has been in your sole care since the breakup and that you consider the matter closed. Avoid emotional arguments and keep your communication factual, as it could later be reviewed in court. If she persists with threats of legal action, stay calm and let her take formal steps—judges typically favor the person who has possession and ongoing proof of care. With your detailed records and the cat’s well-being in your hands, you have a strong legal and practical basis to keep her.