I asked my brother in law to watch my dog for me so I can get the gist of being a new mom. Eight months later I asked for him back to find out he is in critical condition with a heart murmur. His wife created an account for my dog with her vet and was already treating him for giardia and diarrhea. They won’t give me my dog back. As a bad aid, the family tried to make peace and worked towards sharing time with him 50/50 with them as a form of peace. I’m ready to end the 50/50 and take my dog back. If I need to pursue repevlin will the 50/50 ruin my chances of getting him back?
In replevin actions, courts will look at the totality of the evidence, including, for example, the 50/50 arrangement and that the dog was left with your brother for 8 months. In determining whether the dog was boarded or given away, courts may consider whether any payment was given to your brother for the dog’s care during the 8 months. Courts in pet custody cases occasionally also consider the animal’s best interests.
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