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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33798
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I adopted two dogs with my partner in Oct 2014. We broke up

Customer Question

I adopted two dogs with my partner in Oct 2014. We broke up last May. We decided to share the dogs and I've had them on weekends. Tonight he unilaterally and out of the blue told me I can't have them anymore. What is my recourse?
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Unfortunately this happens frequently when couples split and the courts have adopted a fairly uniform approach.. Pets are considered personal property, just like a TV, a car, or a couch, under the law. However judges recognize the strong bonds people have with their pets so they treat them more like children and will set up actual visitation schedules where one person has the pet for a certain amount of time and then the other person.

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But if your partner has unilaterally decided to end any voluntary sharing of custody, then your recourse is to file suit against partner for "conversion" which is the unlawful keeping of another's property and "replevin" which is its return.

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This is something that small claims court handles and you don't need an attorney to file suit. The clerks have the summons and complaint forms you need to file to start the case. Then they will help you get the sheriff to serve partner and you then just come to court and tell your story.

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thanks

Barrister