HELP!!! Puppy in danger.

farfalledibaciodinotte
farfalledibaciodinotte Posts: 181 Member
edited October 4 in Chit-Chat
Would it be pointless to take my Ex to small claims to get custody of "our" dog? He's not returning any of my calls/emails nor is he giving me my requested weekly update on the pup... what do you think?

the only time he takes the dogs out is when he has to get up from his computer to get another soda... he plays WoW all friggen day when he's not at work or sleeping...

and he never takes them for walks..

Replies

  • cc8088
    cc8088 Posts: 41
    My pets are like my children so personally, I say go for it!
  • odusgolp
    odusgolp Posts: 10,477 Member
    How did the dog come to be in his posession? Who paid for the dog?

    The dog is property, so no... it's not custody, but the same as if you bought a TV. If you left it behind, if it was a gift, etc... that's all that matters, legally.
  • AmberMarie09
    AmberMarie09 Posts: 70 Member
    Have you tried calling the police and say that you want the police to go with you to stop any problems before they start..
  • maryd523
    maryd523 Posts: 661 Member
    No, I don't think it would be pointless at all. It seems like dog cases are on all the time on those court shows.

    If you got the dog together and never officially gave him ownership, you probably have a decent case.

    I definitely think you should go for it. Your dogs will thank you.
  • scapez
    scapez Posts: 2,018 Member
    Noticed your username...I'm thinking that when the two of you were together you both played WoW all of the time? And maybe you still do? I don't mean to sounds snarky - but if you're both hard-core WoW'ers...how can one or the other be a better puppy parent??
  • farfalledibaciodinotte
    farfalledibaciodinotte Posts: 181 Member
    I rescued the dog from a friend who was neglecting him and previously he was at the pound.. I took him to the vet and got all of his vaccinations and my name is on his new papers... but Joey was OUR dog. I wasn't able to take joey with me when I originally left home because we split up at 2 am and by 630 am I was on a plane. Joey is like my child and my ex doesn't care for him properly. The deal was originally that He would bring joey to my new home in Orlando when He moves back to florida in January.. All I asked from him was to give me a weekly update. but now he's dropped all contact and I have no idea how my pup is ... I'm getting very ticked off..
  • NeuroticVirgo
    NeuroticVirgo Posts: 3,671 Member
    Have you tried calling the police and say that you want the police to go with you to stop any problems before they start..

    This sounds harsh, but if you do call the police (the actual police line not 911) and explain the situation, usually an officer can go with you to make sure a dispute doesn't get out of hand.

    BUT...I think you two need to decide who gets the dog, and that's it. I love my dogs like children, but the truth is, they are not. If you two are broken up the last thing you need to be doing is trying to make "custody" agreements for a dog. Either he gets to keep it or you do, and then cut ties and go separate ways.
  • capriciousmoon
    capriciousmoon Posts: 1,263 Member
    All I know is that if it was my cat I would be looking into every possible option to get him back, even more if I knew he wasn't being properly cared for.

    I think there would be some differences from if it were a TV or a table, since those aren't living creatures that require care and regular vet visits. Most people probably won't view it on the same level as a child, but the pets level of dependence on you is the same, even more so since you are expected to care for them for the rest of their lives.
  • farfalledibaciodinotte
    farfalledibaciodinotte Posts: 181 Member
    Noticed your username...I'm thinking that when the two of you were together you both played WoW all of the time? And maybe you still do? I don't mean to sounds snarky - but if you're both hard-core WoW'ers...how can one or the other be a better puppy parent??

    I never played WoW.. hence I was his WOW Wifey. but thanks for the thought.
  • divainme
    divainme Posts: 69 Member
    yes.... unless he's beating him its noit illegal not to walk your dog.
  • MissMaryMac33
    MissMaryMac33 Posts: 1,433 Member
    As a former WoW player, current RIFT player --- I say get a doggie door :) It's the most amazing invention ever! LOL

    My dogs zip and out whenever they want --- but since I actually quit wow and joined a gym -- my gaming has gone from hard core raiding to casual raiding and the gym/dog walking comes first.
  • odusgolp
    odusgolp Posts: 10,477 Member
    I am only speaking from a logic and legal point of view, not the emotional point of view that you have.

    He is not legally neglectful or abusive to this dog. You "abandoned" the dog when leaving. Unless he verbally admits to agreeing to bring you the dog in January, or you have that in writing, this would be a hard case.

    Legally, you left him with possession of the dog. To bring the cops to his door and demand the dog isn't going to fly. And, I find that an abuse of police time.

    Unfortunately, a dog is property. Now, I don't AGREE with that one bit, but that is unfortunately how it is viewed currently by our legal system as far as ownership is concerned. If the agreement was for him to turn over ownership in January, I don't see that you can really do anything to see him until after the January deadline has passed.
  • farfalledibaciodinotte
    farfalledibaciodinotte Posts: 181 Member
    the point is that I am legally responsible for joey.. his vacc. papers and registration are all in my name.. so if he bites someone it comes back on me... right? or am I wrong on that? and he's all the way in Oklahoma so taking the cops isn't an option.. I just want all of this to be done in a friendly manner...
  • momof3and3
    momof3and3 Posts: 656 Member
    The dog is property and it should have been written into the property settlement agreement....you can file for an addendum to the PSA thru family court to have the dog issue resolved...it is called a certification...
  • odusgolp
    odusgolp Posts: 10,477 Member
    the point is that I am legally responsible for joey.. his vacc. papers and registration are all in my name.. so if he bites someone it comes back on me... right? or am I wrong on that? and he's all the way in Oklahoma so taking the cops isn't an option.. I just want all of this to be done in a friendly manner...

    I don't think so... for example, if I willingly gave my dog to Johnny Black b/c I could no longer care for her, Johnny would be responsible even though I had gotten the vaccination, have the receipt for adoption/purchase or registration. If you are not in possession and physically responsible for the dog's needs, you can't be held responsible.

    And the longer the dog stays with him the less of a case you have. He's providing the ongoing care, food, grooming, etc...

    I am NOT a lawyer mind you, so please get that checked out.

    What I would do in your shoes, is very calmly and intelligently communicate with the ex regarding this matter.

    I would document that he stated the dog would be returned to you by 1/1/12 (or whatever), and you are requesting to move that date to 11/15/11 at your expense to alleviate him from the burden of care of the animal. Certified Letter & email. Ask for a response by xyz date. Do not address that you think he's not caring for the dog, etc. It wouldn't hold up in court.

    The more documentation you can get, and get him to acknowledge, the better off I think you'll be.
This discussion has been closed.

Categories