For many Americans, pets are considered part of the family. However, courts still consider pets to be property rather than family members. For unmarried couples looking to adopt a pet, the best advice is to hope for the best but plan for the worst. We previously discussed the situation of Jack and Jill, an unmarried couple who were cautiously optimistic about their future together. They decided to take the next step in their relationship and adopt a puppy from their local shelter, Fluffy. They created a pet custody plan just to be sure that, if they did break up, Jack would take care of Fluffy.
But what if Jack and Jill didn’t create the pet custody plan? They both immediately bonded with Fluffy and dote over her. They took her on walks, on hikes, and camping…but one day, it became clear that they need to break up. With no agreement in place, Jill decided to take Fluffy when she moved out. Jack was upset and pleaded with Jill to give Fluffy back, but Jill refused.
Jack is desperate for help. So, what can he do to get Fluffy back?
Jack could file a police report; but oftentimes, police will suggest that it is beyond their power to address and will suggest that you turn to a lawyer.
To get Fluffy back, Jack can sue Jill in civil court for Fluffy’s return. This action, called replevin, is a means to have a court evaluate who is the rightful owner of Fluffy. When custody disputes arise, it is important to provide as much proof of “ownership” as possible. This can include things like:
- Adoption papers
- Registration papers with the City or County
- Microchip registration
- Lease agreements
- Veterinary bills
- Credit card statements for pet supplies and care
In addition to more concrete evidence like paperwork, courts may also examine other factors that demonstrate “ownership,” such as who spent the most time with the pet or whether the pet was intended to be a gift. Courts may also consider the written or verbal testimony of friends and colleagues as to who appeared to be the primary guardian. It is important to realize that issues such as availability to spend time with Fluffy, a home with better accommodations (like a yard), and other factors that would improve Fluffy’s life could be considered in a replevin hearing, but also in more complex litigation that could come afterwards.
Preparing for a replevin suit can take some time, but once it’s filed, a court date can come quickly. After ruling on the evidence, the judge will then decide whether or not the custody battle can be resolved that day or whether an additional hearing is required to go over more facts. If the judge rules that Jack is the rightful guardian of Fluffy, Jack and Jilly must arrange for the transfer of Fluffy. This usually occurs with the assistance of the Sheriff’s Office. However, the legal battle may continue if both pet parents are adamant about keeping Fluffy and may file appeals. This is unusual, and costly, but something to consider that can drag a relatively quick legal battle into a prolonged fight.
Apart from the legal battle, it is important to remember that any sort of transition for Fluffy can be stressful on her. Jack must also remember to be extra patient and understanding as Fluffy adjusts to her new single pet-parent life.
It’s hard enough to deal with the emotional aftermath of a breakup but adding a pet custody battle into the mix makes things even more complicated. While we always recommend trying to prevent these disputes by creating a pet custody agreement upfront, we will help you fight to get your pet back from an ex who runs off with them. Don’t do it alone. Contact us today for a case consultation.
This post is a follow up to the post “Who Gets Fluffy When We Break Up?” This post is entirely based on a fictional circumstance. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.