Question
I was gifted a dog by a former ex. The dog has been under the care of myself, my sister, and my nephew helps out as well. In the latter part of December 2024, my sister became sick, and she had to go the ER. I am currently out of the state of NY due to work. My sister and I asked a neighbor to keep an eye on the pup but she was unable to. My ex and I have been sharing custody, and he infrequently comes on the weekend to see the dog at random. He happened to be in the area and my sister, and I reached out to him to aid in taking care of the dog in the interim as I wasn’t close by, and she got admitted. My sister has been released from the hospital and has reached out along with myself to retrieve the dog and is suddenly getting the run around. In essence, he doesn’t want to return the dog. We are not together, I believe he is using the dog as a pawn because I do not desire to be with him anymore. I have various phone conversations and receipts along with an agreement that was made for us to take care of the dog. I need advice on what is the best course of action.
Answer
People who believe that their animal is being wrongfully withheld can contact the police, although the police do not usually intervene in animal custody disputes. A civil lawsuit, such as a replevin action, can also be commenced.
People who give away their animal generally have no further rights to that animal. Consider, however, that in your inquiry you first stated that the dog was gifted to you but later stated that you have been sharing custody with your ex (which implies that he also has rights to the dog).
If litigated, the court will consider the evidence regarding “parenthood,” including, for example, proof that the dog was gifted, adoption/purchase records, veterinary records, and microchip and dog license registrations. The court may also consider who has been paying for the dog’s needs and has been the dog’s caretaker. The court may consider the dog’s well-being too.
I hope that everyone involved can agree on a custody/visitation arrangement that is in the best interests of the dog. The agreement should be in writing and signed and dated by the parties.
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