Legal Question in Civil Litigation in Florida

Re: custody of dog

If her apartment complex does not allow dogs, you may just let them know that she has one. That may solve the problem. If not, you'll need to bring suit to regain possession. I doubt that the police would get involved in the dispute.

Re: custody of dog

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.

This is a civil matter that will have to be resolved through the courts if the two of you cannot come to an amicable resolution. Dogs are considered the same as chattels in Florida and the person who bought the dog is generally considered the owner unless he or she gives it to the other party. You may wish to suggest a mediation conference to try and resolve the dispute prior to litigation, but she would have to agree as there is no way to force her attendance prior to filing suit.

Scott R. Jay, Esq.

Re: custody of dog

Unfortunately, as this time, pets are not dealt with under the custody laws but under property laws. As with any other property, if you have proof of ownership store/adoption receipt, vet bills, affidavits, etc., the Sheriff's office may accompany you to retrieve your property. If they cannot help you, you will have to file a suit. You an try a writ of replevin to have the dog (your "property") returned to you. This would go through small claims court and not cost very much (she would pay your costs if she lost) but it might take a little while before it is resolved, depending. It should not be a problem getting the dog back, though, if what you say here is correct and the entire picture.