Legal Question in Family Law in New York

Re: Can my ex take my dog, that he gave as a gift, back?

It is too bad the dog is not treated more like a child is under the law where the 'best interests of the mammal' decides custody cases. Then you would be the clear custodial person and retain the dog.

In any action to 'recover' the dog, I think that your excellent care for the dog will still play a part, but in a different way than it would with a Family Court custody action.

You will emphasize that you are a good owner and that you have a relationship with the dog. You are emotionally vested in the ownership of the dog such that its loss will cause you harm. This is a 'reasonable reliance' or 'estoppel'. argument.

Your second legal argument is that the dog was a gift that you accepted. Ownership passed to you. End of story.

This is a case that you should win. If he gets an attorney inviolved, I would be happy to assist you further. Email is best to contact me.

Re: Can my ex take my dog, that he gave as a gift, back?

It is likely that you would be able to prevail if there was a legal action against you for recovery of the dog. Under the law, the dog is property, but once a gift is given to the recepient there is no obligation to return the give to the giver unless the gift was part of some contract for an occurence that never occurred.

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