Legal Advice over Property of Animals.

[WhiteFaewn]

I live in California. I am going to be 18 years old next month and I have had a dog for 6 plus years. She was a gift to me to become my "therapy dog" for the time I suffered critical depression and anxiety. I plan on moving out when I turn 18, and I am more than capable of providing proper care and needed supplies for this dog. My mother refuses to let me take the dog with me. I have not paid for the dog, as I was a minor with no job in the past. Can I still legally take the dog because of the emotional attachment and the purpose she served me?

 

[Ohiogal]

I live in California. I am going to be 18 years old next month and I have had a dog for 6 plus years. She was a gift to me to become my "therapy dog" for the time I suffered critical depression and anxiety. I plan on moving out when I turn 18, and I am more than capable of providing proper care and needed supplies for this dog. My mother refuses to let me take the dog with me. I have not paid for the dog, as I was a minor with no job in the past. Can I still legally take the dog because of the emotional attachment and the purpose she served me?

Was the "therapy dog" specially trained?

 

[WhiteFaewn]

Was the "therapy dog" specially trained?

That's why I put it in quotes because she wasn't specifically trained. She was just a coping mechanism for a dog I had lost in the past.

 

[Ohiogal]

That's why I put it in quotes because she wasn't specifically trained. She was just a coping mechanism for a dog I had lost in the past.

Then she was not a therapy dog. She was a family pet. You most likely won't be able to prove you are the dog's owner.

 

[adjusterjack]

My mother refuses to let me take the dog with me.

My guess is that you have other, more serious issues with your mother than just the dog.

What are they?

 

[latigo]

I live in California. I am going to be 18 years old next month and I have had a dog for 6 plus years. She was a gift to me to become my "therapy dog" for the time I suffered critical depression and anxiety. I plan on moving out when I turn 18, and I am more than capable of providing proper care and needed supplies for this dog. My mother refuses to let me take the dog with me. I have not paid for the dog, as I was a minor with no job in the past. Can I still legally take the dog because of the emotional attachment and the purpose she served me?

Here is your problem. Just as a minor cannot be bound by contract * they also lack the legal capacity to separately own property, personal or real property.

However, if it were me, I'd resort to whatever means necessary in order take the dog. Then tell mother if she doesn't like it, she can file her lawsuit and let the judge discover what an ass she is.


[SUP][*] With some exception's as for example, being emancipated and contracting for necessities.[/SUP]

 

[WhiteFaewn]

My guess is that you have other, more serious issues with your mother than just the dog.

What are they?

She emotionally abused me which caused me to rely on the dog for increased well-being.

 

[WhiteFaewn]

Here is your problem. Just as a minor cannot be bound by contract * they also lack the legal capacity to separately own property, personal or real property.

However, if it were me, I'd resort to whatever means necessary in order take the dog. Then tell mother if she doesn't like it, she can file her lawsuit and let the judge discover what an ass she is.


[SUP][*] With some exception's as for example, being emancipated and contracting for necessities.[/SUP]

I just wanted to make sure that I can legally do that since my criminal record is clean and I want it to stay that way.

 

[AdoptADog]

Definitions

A few terms to get straight....

A therapy dog (or animal) is a pet dog that a handler will take places to be with people for fun or enrichment. Such as a hospital, school, library, etc.

A service dog (or animal) is one that has been specially trained to mitigate the disability or disabilities of a person. These dogs are allowed access to public places that pet animals are not allowed.

An emotional support dog (or animal) is one that provides some sort of emotional support to his or her human. These animals are granted access to residents that a pet would not otherwise be granted.

These terms mean very different things. This dog is at most an emotional support animal provided by the parent.

 

[WhiteFaewn]

A few terms to get straight....

A therapy dog (or animal) is a pet dog that a handler will take places to be with people for fun or enrichment. Such as a hospital, school, library, etc.

A service dog (or animal) is one that has been specially trained to mitigate the disability or disabilities of a person. These dogs are allowed access to public places that pet animals are not allowed.

An emotional support dog (or animal) is one that provides some sort of emotional support to his or her human. These animals are granted access to residents that a pet would not otherwise be granted.

These terms mean very different things. This dog is at most an emotional support animal provided by the parent.

Thank you so much for the clarification, now I can better state my situation and provide proper information.

 

[FlyingRon]

The distinction means little in any case. You are a child. Your parents control any personal property (to include any form of animal) that you acquire.

 

[latigo]

Thank you so much for the clarification, now I can better state my situation and provide proper information.

You don't have a favorable situation; not legally. Nor one in need of "clarification" beyond what you have been told.

So wipe away the smiley face and fess up to the fact that irrespective of the mutt's training, schooling, registration, certification, color, ancestors, blah, blah, blah YOU CANNOT CLAIM TO BE ITS LEGAL OWNER! Nor can any minor claim the legal rights of ownership to any form of property.

(There are circumstances whereby a minor may claim the beneficial rights in property wherein the legal ownership is taken or is present in the name of a guardian/conservator, but we're not dealing with California's Uniform Transfers to Minors Act.)

 

[Ohiogal]

She emotionally abused me which caused me to rely on the dog for increased well-being.

And the evidence you have as to the emotional abuse is what?

 

[WhiteFaewn]

You don't have a favorable situation; not legally. Nor one in need of "clarification" beyond what you have been told.

So wipe away the smiley face and fess up to the fact that irrespective of the mutt's training, schooling, registration, certification, color, ancestors, blah, blah, blah YOU CANNOT CLAIM TO BE ITS LEGAL OWNER! Nor can any minor claim the legal rights of ownership to any form of property.

(There are circumstances whereby a minor may claim the beneficial rights in property wherein the legal ownership is taken or is present in the name of a guardian/conservator, but we're not dealing with California's Uniform Transfers to Minors Act.)

I am sorry, but I feel as though your statement is very rude. I had not once stated that the provided information would make anything favorable. And I most certainly did not claim I would use the definition of what the dog is to me in a courtroom for I cannot predict what is to happen, nor will I ever be able to. If you could refrain from thinking I'm some dumb person, that would be very kind because I certainly am not. The fact that someone like me is trying to gather PROPER information says a lot. Thank you for your statement regardless and I will consider what you said when the final decision is made.

 

[WhiteFaewn]

And the evidence you have as to the emotional abuse is what?

I have recordings of my mother calling me a fat whore. She has also stated on several occasions that she was never my mother and she wishes that I was never born (recorded as well). Lastly, I have recordings of her suggesting I kill myself.