Question

My former roommate and I both shared custody of our dog however, he was abusive to the dog, and the dog was scared to death of him and so he verbally told me that the dog was now mine. I moved out and he is mad at me and so he is now trying to claim that I took his dog and his threatening to file a police report. What should I do?

California, USA

Answer

People whose animal is being abused should remove the animal from the abusive household. All too often people wait until a relationship ends before truly helping the animal who should not be living in fear.

People who give away their animal (or their “share” of their animal) generally have no further rights to that animal.

Many more people who are involved in an animal custody dispute threaten to sue or to contact the police than actually do. Also, the police do not usually intervene in these matters. In the meantime, it may be helpful to gather and have readily on hand proof of “parenthood.” Evidence of the dog being gifted (even texts and emails) and/or evidence that your former roommate moved and left the dog behind with you may be helpful. Evidence that you have been the dog’s primary caretaker and have been paying for the dog’s needs may help too. Evidence that your former roommate abused the dog may also help in a custody case or if the police inquire (such as affidavits from neighbors and other people). Adoption or purchase records (if you are listed as the dog’s adopter/purchaser) may be helpful. Veterinary records, microchip, and dog license may also help (if you are listed as the dog’s “parent”).

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question