Daughter’s ex left her with his cat and is now suing for custody.

Question

My daughter's boyfriend adopted a cat for $50. He has since asked her to watch the cat while he was deployed in military. He returned and they soon broke up after. He finally, after approximately 6 months is suing for custody but my daughter has had sole custody and expense of the cat for a longer period of time than he ever did. His new gf has dogs that attack the cat, but I'm not sure that will matter to judge. Any advice or recommendations?

Colorado

Answer

Pet-sitters do not generally gain ownership of the animals they agreed to watch. However, it is possible a court would decide that the cat should be deemed gifted or abandoned, particularly if the ex waited months after returning home to try to get possession of the cat. Some courts also consider the well-being of animals in custody disputes so evidence that the cat is thriving in the cat’s current home and that the cat’s safety may be in jeopardy if returned should be presented.

I suggest attorney representation. There are attorneys in your state who handle animal custody disputes. In the meantime, it may be helpful to gather evidence of payments made for the cat’s care (such as food, toys, and veterinary expenses) that were not reimbursed by your daughter’s ex and proof of the length of time the cat has been in your daughter’s care.

I hope this all works out well for the cat!