Need Advice on Obtaining Custody of my Dog!! Please Help!

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#1
So here is the deal...I could use some advice. My girlfriend and I broke up after she cheated on me. There was a lot of fighting and everything, and it just wasn't working. Anyway, we tried to make the friend thing work, but she has been very cruel and hurtful towards me, and I just want her out of my life. I have tried to be peaceful about this, and I have done nothing to upset her, actually I have done everything she has asked..the problem now is that we share a dog, Dakota, together. We also have cats, but I am willing to let go of them, although it is extremely hard, for the sake of keeping things civil. But she is not keeping things civil. She has very busy days, with school and work, that she has to resort to leaving MY dog at her friends house alone, with nothing to do. I want to keep him with me, and allow her to visit, but I do not trust her to take him to wherever she takes him. She is moving, and I believe she will not tell me where she is, and take Dakota away, and never let me see him. She is kinda crazy and really unstable, and I don't think she has the capacity to take care of him.

Now here is the real problem...Dakota was given to me as a birthday gift, so the adoption papers are in her name. His license and microchip are in both of our names, and money has been distributed equally. Although have paid half in pet bills, the bills are mostly in her name. I just think she is using Dakota to bait me and make me angry, and my life a living hell. I want to be able to own Dakota as my own, and allow her to visit him and all that, but as I said before, I just don't trust her to take him with her.

She is the type that will go to court for this...I guess her family is big on suing and all of that. I was just wondering if adoption papers have a legal standing or anything, or what I could do to ensure that I will be able to keep him as my own. If anyone can help that would be great. Please let me know. I know this sounds kinda weird, but he is one of the most important things in my life. Thanks guys, and I love this forum. Haven't been on in a while, so its good to be back!!
 
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#2
That's not a weird question at all! There have been divorce cases with ugly pet custody issues that got the attention of the Court! And my Mom has commented that Charley and I can't break up because the custody battle over the dogs would be worse than any over children :eek:

The first thing I'd do is check with the humane society and see what their policy is on who is on the papers, etc. Be sure to explain that you have concerns about her taking care of him.

Next, is there anyone who is aware and willing to give you a sworn affidavit (so the story can't change later) that Dakota was a gift to you?

Bear in mind that no sane attorney would take on a case that was solely over custody of a pet dog without a TON of money up front - and even then it's highly unlikely as attorneys really hate to look foolish and even the greediest try very hard not to appear as such.

Then there is offering to buy Dakota from her, which probably won't work unless she is strapped for money.
 
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#6
Oh, gosh... I feel for you!! And don't think this is silly in the least!!! My sister went through an ugly divorce and they didn't have children... just two golden retrievers. She fought for at LEAST joint custody... and got it. Although, she is a lawyer and this was a divorce filing, probably had more "meat" to it than your situation since it's not a divorce legally. What about a small claims court thingy? Do you want me to ask my sister some questions for you? If so, please PM me...
p.s. What kind of dog is Dakotah?
 

Jynx

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#7
unfortunately, you will probably have to go to court,,ever watch the People's court? you see this type of thing alot,,it's much harder when the dog is in both names, and both share the vet bills,,one usually ends up "buying" the other out.

It's a really hard lesson to learn, but in the future all dogs should be in YOUR name if it is YOUR dog..I have all my dogs reg'd in my name, the bills are in my name, my name is on the check for paying bills..

Tough call, I wish you good luck
diane
 
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#8
"The Peoples' Court" has absolutely no basis in reality . . . One of the first things I've always told clients is to completely disregard anything you've ever seen on TV.
 
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#9
I'm no law expert, but I heared that if you give something to someone, you can't just take it back. If you can prove she gave the dog to you, I think it's legally yours. Maybe it's different in the USA though.
 

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