Legal Question in Family Law in Florida

Pet custody

A 5 year relationship has ended. During the 5 years a dog was given to us as a gift. The owner certificate has my x's name only. I love this dog dearly and it is breakink my heart not to be allowed visitation. What options are available to me under the circumstances


Asked on 7/07/07, 1:59 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Pet custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Florida considers pets to be chattels or personal property. If your ex boyfriend owns the dog, it is his to do with as he pleases. He can choose to allow you to visit with the dog - or not as he sees fit.

Scott R. Jay, Esq.

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Answered on 7/20/07, 12:35 am

Re: Pet custody

Pets are considered property and are dealt with as such. Because the dog belongs to your ex, he can dictate what happens concerning it. Even in an actual divorce, there is no custody or visitation issue with pets. The Supreme Court has dealt with the issue and has decided that the system was already overwhelmed with custody of children and that treating animals like children would create chaos. Thus, there is no authority for you to request visitation of the dog. You can try asking your ex for cooperation or even asking that he let you have the dog but the courts will not grant visitation rights.

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Answered on 7/13/07, 9:00 am


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