Legal Question in Family Law in California

Animal

My son gave his wife a dog for Christmas before they got married. They have been married for 3 1/2 years. She moved out 3 months ago, leaving the dog. My son has had to take the dog to the vet due to illness. Is there a way that my son can keep this dog?


Asked on 1/09/07, 12:00 pm

2 Answers from Attorneys

Laurence Haines HainesLaw

Re: Animal

It is her dog as he gifted it to her prior to marriage. She left the dog behind. Unless she indicates a desire for the dog to be returned to her possession, I suppose that he can keep the dog. If she asks for it, however, it is hers and he must give it back.

Good luck.

Read more
Answered on 1/09/07, 2:01 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Animal

This is a very serious issue. Your son will need to vigorously fight for the right to possesion of the dog. Your son may request the court for a detailed custodial arrangement and court order. The first step would be dog custody evaluation. I would recommend a highly qualified dog psychologist, preferrably one who knows how to communicate effectively with animals. If the dog is of sufficient dog years and training, the dog psychologist should be requested to meet with the dog directly. Dogs often hide their feelings because they want to please their current masters. The dog may be acting like it is happy with your son when he is present, but may also be acting like it is happy when with his wife. Just because the dog may be acting like it is content, remember that dissolution of masters can be a very difficult and confusing time for a dog. Instead of having one yard to roam, it may now have two. Instead of having one dog-dish, it may now have two. Also, dogs are very perceptive to changes in their masters' moods. Although its masters may continue to walk the dog and pet it, the dog will think that it has been a bad boy if its masters are sad or angry. Your son needs aggressive legal representation. Your son should fight for sole legal and physical possession. If the wife has ever whipped the dog, claim animal abuse! If the wife has ever forgot to fill the dog's dish or left the gate unlocked, claim animal neglect and endangerment! I would recommend an ex parte restraining order requring the wife to stay at least 100 yards away from the dog, your son and all kennels. If the wife tries to take the dog away, immediately call Animal Control and have them prepare a report. Your son must act now, or he could end up losing the dog and having to pay his ex-wife for all expenses incurred in caring for the dog, including vet bills, immunization shots and Alpo. It is not about the masters' best interests, but the best interests of the dog. Don't delay, hire an attorney now, before it is too late!

Read more
Answered on 1/09/07, 7:38 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California