Legal Question in Real Estate Law in Florida
I adopted a puppy in 2003. In 2009 my x and I split and I had to move out into an apartment and leave my dog with my x. When he wasn't being cared for properly I took my dog to stay with some friends until I was able to have a home for him. My dog has been with them for 2 years now, and I now have a home for him...but they have since grown attached to him and want to keep him. I was just wondering what my rights are in this situation. According to the State of Florida, is he still legally mine? My name is on his adoption papers which I still have... Or does he legally belong to them since it's been 2 years?
2 Answers from Attorneys
Leave your dog with the people who provided care for him when neither you nor your ex could or would take care of him. Despite your "adoption papers", you did not live up to your obligation to provide food, home, health care, love and affection for this animal. The fine folks who took over your obligation now have a legitimate claim and rights to keep their pet.
Legally, pets are property, and you gave the dog to them with the understanding that you could get it back. I would presume that the agreement would provide that you would take care of all expenses of the dog while they dogsit. If you failed that, then they could have a claim against you.
Personally, leave the dog with friends if it is well taken care of. It's better for the dog. The Humane Society has plenty of other dogs that would love to be adopted.
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