(Closed) Fighting for custody of my dog…

posted 6 years ago in Relationships
Post # 3
Hostess
11166 posts
Sugar Beekeeper

I don’t really have any advice to give other than take Frenchie and never give her back! (Half joking…).

I am so sorry you have to go through this with your fur baby, she is precious.

Post # 4
Member
508 posts
Busy bee
  • Wedding: April 2013

She is too adorable 🙁  I wouldn’t even know what to do in this situation.  I imagine it would be wise to consult a lawyer?

Post # 5
Member
75 posts
Worker bee
  • Wedding: October 2012

@Treejewel19:  lol this! Friends of mine went through something similar, she kept the dog and avoided him for about 2 months and he finally lost interest and she got to keep her baby!

Post # 6
Member
586 posts
Busy bee
  • Wedding: June 2012

She is so cute. All I can think of is do what the woman did in “Legally Blonde”, that is what I get for watching it recently.

I too say you should consult a lawer. I think you have a at least some things going for you since you registered the dog as well as you will probably have the best place for her to live due to him getting a rambunctious puppy that could harm her. Try to round up any paper work or vet records you can showing that you have put money and care towards her well being so it doesn’t look like he does everything. Is your name on the paperwork when you purchased/adopted her? If you go to court you will need everything you can. It sucks that he is being such a jerk about it.

Post # 7
Member
6123 posts
Bee Keeper
  • Wedding: August 2012

I have been through a divorce and there was a dog involved too (who I currently have!). 

 

Now you could wait and see how Frenchie does with the new puppy.  New puppy situations aren’t always horrible. I’ve heard of puppies making older dogs seem like puppies themselves again.  Then if he sees stress with Frenchie, maybe he’ll decide that you can have her, or cut custody down a lot.

 

In my state (Utah), pets acquired during the marriage are common property.  So it doesn’t matter who paid the vet bill or who registered under which name or the name on the vet bill.  However, I don’t know the rules for common property in Toronto. 

 

I don’t get this part about his vet “has papers” – papers for what?  If you went to your vet you’d have “papers” like this too right?

 

You could visit a lawyer for advice (here we have one hour consultation, no need to retain a lawyer) and see what your options are.  Come prepared with as much paperwork as you can.  Then you can see if you can take your ex to small claims court.  In the US, you can represent yourself in small claims and the fees are much less.

 

Since our dog was a pound puppy, any judge would have deemed her value at $35 (the price of a pound puppy) and make one person pay the other $17.50 (half of $35).  They are treated like a TV in the eyes of the court.  A TV acquired during the marriage.

Post # 8
Member
54 posts
Worker bee

@bretonvirgniia:  Honestly, I would just take the dog (on the day you have her) and run. Being one person and handling an older dog and a puppy is very straining, you might want to remind him of that.

Post # 9
Member
1686 posts
Bumble bee
  • Wedding: December 2012

I don’t know if taking the dog and running is the best choice, as if he then decided to take you to court, you’d look like an asshole stealing what is half his.  What would happen to you if a car was half yours and you just drove off into the sunset with it?  I’d imagine you’d be in pretty big trouble when he took you infront of a judge.  I think you need to contact a lawyer for advice, find out what you can do in this situation.  Google “custody over animals in divorce canada” it brings up a lot of articles that may be helpful.

Post # 10
Member
1032 posts
Bumble bee

Under the Canadian law, a pet is considered personal property, henceforth whomever the pet is regestered is the legal owner (kind of like a car, doesn’t matter who last paid the insurance, it matters who’s name is on the paper).

*sorry to compare a living animal to something like a car, but it was the best example that I could think of at the time. I in no way mean to say that an animal equates to something so material*

Post # 11
Member
1348 posts
Bumble bee
  • Wedding: January 2014

So, is she microchipped? If so, whose name is she under?

In all honesty, you can go to any vets and say ‘this is my dog, something is wrong, can you have a look?’, they will take her details, your details and bill you, this does not prove that you are the owner. The vet does not ask for proof of ownership. However, someone tried to take FH’s dog and that is how he proved she was his dog.

If I were you, I would go to a different vet, make an appointment and then you’ll have your own vet papers saying she’s yours. If she’s not microchipped, take her to get microchipped under your name.

He has no more proof of ownership than you (and less by the sounds of it, if she’s registered under your name).

Post # 14
Member
501 posts
Busy bee
  • Wedding: September 2011

naww im so sorry to hear this!! I wouldnt know what I would do if it was me, maybe just try talking to him and making him see that he has a new puppy now so maybe frenchie should be left with you. See how she gets on with the rotty, they might love eachother and eveything will be ok! fingers crossed for u though xx

The topic ‘Fighting for custody of my dog…’ is closed to new replies.

Find Amazing Vendors