What is the name of your state (only U.S. law)? NJ
My parents are going through a nasty divorce and one of the things on the list of demands my mom is making is our 2 year old chihuahua, Jack. We have two other dogs (Shelties) that she isn't even interested in. The lawyers are trying to argue custody, but I'm arguing that the dog isn't a chip in the divorce to bargain with because he doesn't belong to either of my parents. My father is very interested in keeping Jack, because he is part of the family.
Facts:
-Mom and Dad bough Jack for me as a graduation present in 2006. They paid from the joint checking account.
-Jack's paperwork is in my name.
-Mom is currently living with her mother in a senior citizen's apartment building. No yard, both smokers.
-Mom is declared disabled by SSI due to disabilities of the lower back. She can't bend or stand for long periods of time, which means she can't walk Jack. And with no yard, she'd have to walk him 3+ times a day.
-We are living in the home, which is smoke-free, and we have a large fenced in yard for our dogs.
-In March 2008 Mom tried to commit suicide and then assaulted me for protecting my father from her. I moved from the home in April for 4 months, making my Dad and brother promise to look after both my dogs, and my cat. I returned August 1st, my mom left August 23rd.
-During the 4 months I was gone my mom suffered from severe depression and stayed locked in her room in bed all day, everyday. She kept Jack in the room with her. And as a result of jealousy issues, our male Sheltie would attack Jack sometimes. Since she has been gone (6 months) and I've been giving equal attention there has been only 1 spat and it was not serious. The two boys have actually begun laying together and playing together. I even walk them together now.
-I'm currently unemployed and my father (who I live with) gladly pays for Jack's food, groomings, and any vet bills until I find employment.
Sorry this post got so long, but I can't imagine losing my dog to her. She's unfit in everyway. Do you think I have a case?
My parents are going through a nasty divorce and one of the things on the list of demands my mom is making is our 2 year old chihuahua, Jack. We have two other dogs (Shelties) that she isn't even interested in. The lawyers are trying to argue custody, but I'm arguing that the dog isn't a chip in the divorce to bargain with because he doesn't belong to either of my parents. My father is very interested in keeping Jack, because he is part of the family.
Facts:
-Mom and Dad bough Jack for me as a graduation present in 2006. They paid from the joint checking account.
-Jack's paperwork is in my name.
-Mom is currently living with her mother in a senior citizen's apartment building. No yard, both smokers.
-Mom is declared disabled by SSI due to disabilities of the lower back. She can't bend or stand for long periods of time, which means she can't walk Jack. And with no yard, she'd have to walk him 3+ times a day.
-We are living in the home, which is smoke-free, and we have a large fenced in yard for our dogs.
-In March 2008 Mom tried to commit suicide and then assaulted me for protecting my father from her. I moved from the home in April for 4 months, making my Dad and brother promise to look after both my dogs, and my cat. I returned August 1st, my mom left August 23rd.
-During the 4 months I was gone my mom suffered from severe depression and stayed locked in her room in bed all day, everyday. She kept Jack in the room with her. And as a result of jealousy issues, our male Sheltie would attack Jack sometimes. Since she has been gone (6 months) and I've been giving equal attention there has been only 1 spat and it was not serious. The two boys have actually begun laying together and playing together. I even walk them together now.
-I'm currently unemployed and my father (who I live with) gladly pays for Jack's food, groomings, and any vet bills until I find employment.
Sorry this post got so long, but I can't imagine losing my dog to her. She's unfit in everyway. Do you think I have a case?
