Legal Question in Civil Litigation in California

Re: Pet Custody

Solomon would have suggested to split the kitten in half, and the one who objected would be awarded the kitten (or baby in his case).

If there is no consideration on party 2's part (i.e. payment), one might argue that party 1 need not complete the transaction.

Re: Pet Custody

Promises to make a gift are usually not enforceable and can be withdrawn. There is an exception where the promisee does something to her detriment in reliance on the promise, provided that her reliance was reasonable. So if person #2 spent money buying food, toys, bedding and supplies for the cat before she learned that person #1 had changed his mind, she might be able to enforce the promise on that basis.

Of course, when I say "enforce" I mean through the courts. This is not the sort of matter police will handle. Going to court -- even small claims court -- costs money, so unless there is something special about this particular cat person #2 might be wiser to go out and get another one instead; animal shelters are full of cats which can be adopted for little or no cost and which will be euthanized if no one claims them.