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pet ownership disputes and legallities

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busyteach48377

Junior Member
What is the name of your state (only U.S. law)? I live in Michigan. We were given a dog from a friend in February of 2016. She was given this dog from her friend because he could no longer keep him due to his living situation. Now our friend had to sell her house and could not take the dog with and that is why we now have him. We have taken him to the vet and got him all updated and licensed. We did let the original owner pick up the dog for his daughters birthday this past spring but we never agreed to regular visits because it is too confusing to the dog. Now our friend called and wanted to know if the original owner could pick the dog up again and we said no and she state he would take us to court because he wanted to give him to someone else now. neither one can keep the dog in their current living situations. we are his best living situation because we are home all the time , he gets car rides, walks, running alongside a bike and he has another dog our own dog to be with. He gets high quality grain free food and treats and well loved. So is he legally ours? Help???
 


Zigner

Senior Member, Non-Attorney
If your friend was GIVEN the dog (as opposed to your friend dogsitting or temporarily caring for the dog), then your friend GAVE you the dog (as opposed to you dogsitting or temporarily caring for the dog), then I'd say it's your dog.

ETA: All of the additional information is entirely unneeded. In this matter, the law doesn't care how you care for the dog...it's your dog. Of course, there are other areas of the law that would be a problem if you weren't properly caring for the dog, but those don't matter insofar as this question is concerned.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? I live in Michigan. We were given a dog from a friend in February of 2016. She was given this dog from her friend because he could no longer keep him due to his living situation. Now our friend had to sell her house and could not take the dog with and that is why we now have him. We have taken him to the vet and got him all updated and licensed. We did let the original owner pick up the dog for his daughters birthday this past spring but we never agreed to regular visits because it is too confusing to the dog. Now our friend called and wanted to know if the original owner could pick the dog up again and we said no and she state he would take us to court because he wanted to give him to someone else now. neither one can keep the dog in their current living situations. we are his best living situation because we are home all the time , he gets car rides, walks, running alongside a bike and he has another dog our own dog to be with. He gets high quality grain free food and treats and well loved. So is he legally ours? Help???
Thank you for starting your own thread, busyteach. The dog laws in Michigan are different than the dog laws in Alabama.

Who has ownership papers for the dog?
 

busyteach48377

Junior Member
If your friend was GIVEN the dog (as opposed to your friend dogsitting or temporarily caring for the dog), then your friend GAVE you the dog (as opposed to you dogsitting or temporarily caring for the dog), then I'd say it's your dog.

ETA: All of the additional information is entirely unneeded. In this matter, the law doesn't care how you care for the dog...it's your dog. Of course, there are other areas of the law that would be a problem if you weren't properly caring for the dog, but those don't matter insofar as this question is concerned.
Is that Michigan law that you are referring to?
 

LdiJ

Senior Member
do you know what Michigan law states , that would help if you know. Thank you.
Look, its your dog...you do not have to allow anyone else visitation with your dog. Let them take you to small claims court. There is little to no chance that they would win.
 

quincy

Senior Member
Quincy, will you check the link...When I click on it I just got "white space".
Oops. I'll fix it.

In Michigan, dogs are still considered property under the law.
That said, the judges in Michigan generally do not ignore the welfare of animals at the center of a legal dispute and some judges will consider the "best interests" of pets when deciding pet ownership issues.

In other words, a party who has official documents showing ownership (with name appearing on registration papers, licenses) will not necessarily be the party awarded "custody" of the pet. A court can consider who has sheltered the pet, who has purchased food for and fed the pet, who has taken the pet to the vets and for walks, and so on.

A problem I see for busyteach is the dog she is in possession of does not appear to have been abandoned by its original owner. The original owner has continued to show an interest in the pet - and busyteach has recognized this interest by allowing visits. The caretaker seems to have "given away" a pet she did not own.
 

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