Legal Question in Family Law in California

custody of a pet

My boyfriend and I shared a house together for approx. 8 years. When we first started living together I solely on my own adopted a pet. That pet of course became part of the family and one that we both love very much. My boyfriend and I have been seperated over the last year and both living in seperate homes. It seemed easier at the time to have the pet stay with him since that home was what he was used to. Now we have made a decision to have a permanent end to our relationship. I want to take the pet with me since I feel he belongs to me since I adopted him. In no way did I verbally or on paper agree that my boyfriend could be the legal owner of the pet. My boyfriend seems to think that since the pet has been in his home he has the right to keep him. He has said that it would be okay for me to visit him on times and days that we mutually agree upon. I'm just afraid that eventually I will not be able to see him at all. I would like to know who really has the legal right to the pet. Thankyou for your time.


Asked on 1/13/04, 5:31 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: custody of a pet

Since you were not married there is no community property interest in the pet. Therefore the question is what can you prove in court regarding the ownership of the pet.

The other factor you should consider is the cost of litigating this issue. There is both a financial cost and a emotional cost. These costs must be copared to the value of of the pet.

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Answered on 1/15/04, 12:04 am


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