Dog Custody Battle ... Who Wins ?

[Cynderblue]

What is the name of your state? Michigan

What is the name of your state? Michigan

about 6 years ago my brothers dog, under a year in age, had ran away. I loved her from the beginning and had to find her beings that my brother didn't want her back because of her having a wild personality. I had made flyers to hang which my boyfriend of one year at the time and I had hung in the neighborhood. I had called neighbors, etc... but it had been my boyfriend who had found her at a shelter nearby and had signed for her. My boyfriend having two big dogs already did not want another dog but I had talked him into me keeping her. The dog and I had formed a bond that is greater than I have with most people. She was known by most everyone around as more my dog because of the love we shared and that of my boyfriend already having his 2 dogs. Time passed and his 2 dogs passed away leaving my dog and 2 new ones I had adopted. My boyfriend and I had split up mutually after 6 years, 5 being with th dog, but he told me I could NOT take my dog with me. He had threatened me verbally that it would be a "big mistake". I had moved out of the house and had tried to have equal, shared custody but he told me I could only visit her at his house though he lives with his Mom who knows the whole story. I care about his feelings for my dog because I know he loves her which is part of the reason why I haven't taken him to court yet because I don't want it to come to that ... He will hate me ...and he has my other 2 dogs I would like to visit sometimes, but don't want to keep because I want my 1st dog. I also care about my dogs feelings because it will be a big change for her to all of a sudden move out of her home in with me. He will not work out an agreement and I can't just take her because he did sign for her at the shelter in the beginning, but she was my brothers in the first place. What should I do ? She is like my kid and I can't live without her. It has been almost a year I have moved out and have waited and talked, patiently which in the beginning he led me on to believe that I could possibly have her visit some days only. Leading me to think we could share her later. HELP !!!

 

[HomeGuru]

What is the name of your state? Michigan

What is the name of your state? Michigan

about 6 years ago my brothers dog, under a year in age, had ran away. I loved her from the beginning and had to find her beings that my brother didn't want her back because of her having a wild personality. I had made flyers to hang which my boyfriend of one year at the time and I had hung in the neighborhood. I had called neighbors, etc... but it had been my boyfriend who had found her at a shelter nearby and had signed for her. My boyfriend having two big dogs already did not want another dog but I had talked him into me keeping her. The dog and I had formed a bond that is greater than I have with most people. She was known by most everyone around as more my dog because of the love we shared and that of my boyfriend already having his 2 dogs. Time passed and his 2 dogs passed away leaving my dog and 2 new ones I had adopted. My boyfriend and I had split up mutually after 6 years, 5 being with th dog, but he told me I could NOT take my dog with me. He had threatened me verbally that it would be a "big mistake". I had moved out of the house and had tried to have equal, shared custody but he told me I could only visit her at his house though he lives with his Mom who knows the whole story. I care about his feelings for my dog because I know he loves her which is part of the reason why I haven't taken him to court yet because I don't want it to come to that ... He will hate me ...and he has my other 2 dogs I would like to visit sometimes, but don't want to keep because I want my 1st dog. I also care about my dogs feelings because it will be a big change for her to all of a sudden move out of her home in with me. He will not work out an agreement and I can't just take her because he did sign for her at the shelter in the beginning, but she was my brothers in the first place. What should I do ? She is like my kid and I can't live without her. It has been almost a year I have moved out and have waited and talked, patiently which in the beginning he led me on to believe that I could possibly have her visit some days only. Leading me to think we could share her later. HELP !!!

**A: thanks for your heartfelt story.

 

[Cynderblue]

Sorry, I guess the point of my heartfelt story was ... Who would most likely get the dog If I take him to small claims. ??? I would just take her since I could get permission to enter the house, but since he had signed for her and has the papers, I don't know if he could have a police escort him to retrieve her.

 

[JETX]

"Who would most likely get the dog If I take him to small claims."
*** Simple answer.... the owner. And can you guess who the OWNER of the dog is.... yep, your brother!!
Your own post says that the dog was owned by him and that it ran away. The fact that he was recovered from a shelter does not waive his right of ownership. So, with that fact.... talk with your brother and get him to sign a document transferring ownership to you.

And then comes the hard part. Most small claim courts are limited to monetary issues only. That means they cannot order the ex to turn over the dog.... only the value of the animal (and hope that he delivers the dog rather than the value). And a further problem is that law says your dog is not your child or valued pet.... he is simply property. And the value of that property is determined by the cost of replacing the animal with one of equal breed, age, etc.

 

[Cynderblue]

Thank you JETX !!! I REALLY appreciate your replying to my post ! ( including your time to take to do so. )

 

[JETX]

You're welcome.... and best of luck.

 

[stephenk]

I think the brother lost interest in the dog 6 years ago when he failed to get the dog out of the shelter. If the dog was considered a stray by the shelter and available for adoption, the brother lost his ownership when the boyfriend got the dog. The shelter is not going to give up the dog unless the owner comes to the shelter or the dog is put up for adoption.

You said yourself your brother didnt want the dog back, so it can be infered that he gave up ownership to either the shelter or your boyfriend.

 

[JETX]

Stephenk, here you go again, making assumptions that are not evident in the message.

"I think the brother lost interest in the dog 6 years ago"
*** Last time I checked the issues of ownership didn't say anything about your thinking.

"when he failed to get the dog out of the shelter."
*** There is nothing in the thread to show or even imply that the brother knew the dog was IN the shelter.

"If the dog was considered a stray by the shelter "
*** Shelters don't classify animals as 'strays'. They simply take custody and care of ANY animal brought to them without 'identification'.

"and available for adoption,"
*** Again, there is a difference between adoption (legal ownership transfer) and recovery (claiming an animal from the shelter).

"the brother lost his ownership when the boyfriend got the dog."
*** Please provide ANY legal support for that 'imaginary' concept. Simply, the fact that the dog was at the shelter and recovered by someone else does NOT undo the rights of the original owner.

"The shelter is not going to give up the dog unless the owner comes to the shelter or the dog is put up for adoption."
*** Again, not true. If a shelter knows the owner of the animal, they will certainly contact him. However, in the majority of the cases, the shelter never knows who the owner is. Nor does the shelter have the right to revoke the owners rights and transfer ownership to somone else.

"You said yourself your brother didnt want the dog back, so it can be infered that he gave up ownership to either the shelter or your boyfriend."
*** Inference has nothing to do with this. Legally, the dog remains the property of the rightful owner. And if that rightful owner comes forward, even years after the fact, they can still assert their right of ownership. Simply, on its own (and absent any local statute), the animal shelter would not have a possessory or ownership right in an animal. Now, if the brother had delivered the animal to the shelter for 'adoption' by someone else, the shelter would have required him to sign a document relinquishing his rights to ownership. There is nothing in this thread to even indicate that happened.

 

[stephenk]

Cmon, Steve. Texas is winning so now you take shots at me?


Here is the applicable Michigan statute:

287.388 Disposition of dogs or cats; time; notice; record; exceptions.
Sec. 8.

A dealer, a county, city, village, or township operating a dog pound or animal shelter shall not sell or otherwise dispose of a dog or cat within 4 days after its acquisition. If the dog or cat has a collar, license, or other evidence of ownership, the operator of the pound or shelter shall notify the owner in writing and disposition of the animal shall not be made within 7 days from the date of mailing the notice. Each operator of a pound or shelter shall be required to maintain a record on each identifiable dog or cat acquired, indicating a basic description of the animal, the date it was acquired and under what circumstances. The record shall also indicate the date of notice sent to the owner of an animal and subsequent disposition.

This section does not apply to animals which are sick or injured to the extent that the holding period would cause undue suffering, or to animals whose owners request immediate disposal.


So if the dog was licensed, the poster's brother should have been notified. If he wasnt notified (for whatever reason), the brother's beef would be with the shelter not with the new owner of the dog. Moreso since he has let 6 years go by without doing anything about asserting his ownership of the dog.

If brother did receive notice, he obviously did nothing about it. His inaction resulted in the shelter taking ownership of the dog and thereby allowing it to adopt the dog out. The boyfriend of the owner's sister adopted the dog and it is now his to do with as he pleases.


Now if the sister really wants to have the dog, she may be responsible for boarding fees pursuant to the following code:

287.305 Lost dog; finder entitled to fee for keeping.
Sec. 5.

Any person finding a dog registered under the provisions of this act shall be entitled to the sum of 25 cents per day for boarding such dog, such board to be paid by the owner. The commissioner of agriculture shall furnish such finder with the name and address of the owner, upon request


Now that applies to licensed dogs.

So 2190 days X .25 = $547.50

Hook 'em horns!