Question
My ex and I adopted my sister's kitten. While I was attending my father's funeral, he put her under his last name in vet records. When we broke up, I let him keep her with the condition I want to see her. He allowed me to see her until he met someone. Now he won't let me see her or take her back. What can I do to have her back or visitation rights? He refused to bring her to me to see her. While he took care of her mostly, I was deployed for my job. Can he use this against me? I have receipts paying vet bills and ordering food through Amazon. He let me see her through a video call every night. I didn't think he would become evil and separate us. Last thing I asked him was to write a will so if something happens to him, she should be returned back to me. He doesn't agree to that.
Connecticut, USA
Answer
People who believe that their animal is being wrongfully withheld can commence a civil lawsuit to try to get the animal returned or to try to enforce a visitation agreement. However, verbal agreements can be difficult to enforce without corroborating evidence (even texts and emails), in part because disputing parties often recount different versions of their agreement. Some courts (but certainly not all) have been reluctant to enforce animal visitation arrangements.
Several states have enacted laws requiring courts to consider the well-being of animals when deciding custody in divorce or legal separation proceedings. Even without a specific animal custody law, courts sometimes consider an animal’s best interests when determining custody, joint or sole in divorce, legal separation, and non-marital animal custody cases.
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