Legal Question in Family Law in Maryland
Custody of Pets
I got myself a puppy in 1994. I later moved in with my significant other and brought the dog with me.
I am no longer with this person. He feels the dog is his and has stated he will sue for custody of the dog. At this time the dog is still at his home as I cannot have a large pet where I am staying. I do want the dog. Can he sue for custody under Maryland law claiming he gave more than 50 % of its support?
He went ahead and registered the dog in his son's name without my permission. Will this have an impact on who gets the dog?
1 Answer from Attorneys
Re: Custody of Pets
Although I must confess that I treat my cats like they're my children, in the eyes of the law they are really property, just like your furniture. Thus the issue is one of ownership of property, not custody. Unless you did something during your relationship with your s.o. to give him an ownership interest, the dog belongs to you.
However, since you can't have the dog living with you, what are you going to do with it unless you move to a more "pet-friendly" residence?
You can file a lawsuit in the District Court of Maryland in the county where you live known as Replevin and Detinue. Replevin means you're asking the court to give you immediate possession of the dog pending a trial on the facts. Detinue asks for permanent possession after the hearing. To begin such a case, you complete the court complaint form, which you can get from the clerk at the courthouse--they might help you fill it out if they're not too busy. You have to serve the complaint on the defendant before the court will hear your case. Good luck!