Pet Dispute

[firepepper]

What is the name of your state (only U.S. law)? Washington

I am about to go through a rough divorce with my wife and she is threatening to take one or two of my three dogs. She is not fit to be a parent (hence the reason for no children; i.e alcohol and prescription drug abuse) and I want to make sure the court doesnt force me to let her get any dogs and have them suffer living with her. How do I go about this.

 

[Proserpina]

What is the name of your state (only U.S. law)? Washington

I am about to go through a rough divorce with my wife and she is threatening to take one or two of my three dogs. She is not fit to be a parent (hence the reason for no children; i.e alcohol and prescription drug abuse) and I want to make sure the court doesnt force me to let her get any dogs and have them suffer living with her. How do I go about this.

First, forget the whole "not fit" thing.

Second, the court will consider the animals to be property.

So, who actually purchased the animals?

 

[firepepper]

I adopted one and inherited one from my dad when he passed away. She adopted one and never took part in raising it. I know the court will see them as property, but cant stand to see my poor girl go away and live with her.

 

[stealth2]

Offer your stbx enough of an incentive (i.e. other property) in exchange for the dogs. You really need to look at this as a business deal, not a custody issue.

 

[Ohiogal]

If you each adopted them during the marriage then they are marital property.

 

[mistoffolees]

If you each adopted them during the marriage then they are marital property.

Except for the one he got from his father. That would be a gift and would be solely his property.

So, if it goes to court, the way it would probably work out is that OP keeps his Dad's dog and each of them keep the dog they adopted.

If OP really doesn't want ex to have the dog (and ex probably doesn't want it since she never did anything to take care of the animal), I agree with stealth. Make a deal with ex to give her something else in exchange for her dog.

 

[firepepper]

Thanks for the tips!