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I recently split from my fiance. We adopted a dog together.

Customer Question
I recently split from...

I recently split from my fiance. We adopted a dog together. Both of our names are ***** ***** adoption papers. I have paid every vet bill, bought the food, carry the pet insurance and he is my registered emotional support animal, he is with me currently as she left us for 3 monhts before breaking off the engagement. Can she sue me for custody of the dog? I live in CA

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I am in california

Lawyer's Assistant: Have you talked to a lawyer yet?

I have not

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that about sums it up

Submitted: 7 months ago.Category: Legal
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Answered in 4 minutes by:
11/10/2017
Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,156
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Can she sue me for custody of the dog?

.

Legally if you both got the dog together, then it is a jointly owned asset. Dogs are considered personal property, like a TV or a couch, and if you were both on any paperwork when you took possession of the dog, you are both legal owners.

.

The only way that changes is if one of you makes a gift to the other person of your interest in the dog. That could be a verbal or written gift. If that occurs then the dog becomes the sole property of the one person. But leaving the dog with you for a period of time wouldn't mean she gave up her legal ownership of the dog.

.

So to answer your question directly, yes, she could sue for visitation with the dog..

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Thanks BarristerA few questions:If she does sue, does that go through small claims court?Say she wins? What does CA law dictate and what could the potential outcome be?
Lawyer: Barrister, Attorney replied 7 months ago

You are very welcome. Happy to help any time.

.

If she does sue, does that go through small claims court?

.

Correct.

.

Say she wins? What does CA law dictate and what could the potential outcome be?

.

It just means that she owns half the dog, so the judge would set up some type of schedule where you would have the dog for a while, maybe a week, and then you would switch.. just like a child custody situation.. They are decided on a case to case basis..

.

That is if she actually decided to file a suit over this..

.

.

thanks

Barrister

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Lawyer: Barrister, Attorney replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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