California Lovebird Custody Dispute

[jloffman]

I purchased a baby lovebird here in California with money that my father had given to me as a Christmas gift. My husband (who, coincidently, originally did NOT want for me to have the pet), suggested that I get a mate for it. Two months later I did, paying for the second bird with our joint credit card.

We have been separated for one year, and will be filing for divorce. We both want the birds. I should note that I when I moved out, it was very sudden, and the next day my husband changed the locks at his house and will not let me visit the birds "without an appointment." He has kept them from me, and I am very concerned that I won't be able to have my "babies".

I have raised my birds from 2 weeks old each, hand-fed and weaned them, taught them to fly, brought them to the vets each time they've been ill, etc. I feel like they are my children (my husband and I never had children together). I can't begin to describe the love I feel for my pets. I worry for them, as my husband has two cats that he sometimes allows near the birds.


What shall I do?

Lovesick for my lovebirds

 

[I AM ALWAYS LIABLE]

I purchased a baby lovebird here in California with money that my father had given to me as a Christmas gift. My husband (who, coincidently, originally did NOT want for me to have the pet), suggested that I get a mate for it. Two months later I did, paying for the second bird with our joint credit card.

We have been separated for one year, and will be filing for divorce. We both want the birds. I should note that I when I moved out, it was very sudden, and the next day my husband changed the locks at his house and will not let me visit the birds "without an appointment." He has kept them from me, and I am very concerned that I won't be able to have my "babies".

I have raised my birds from 2 weeks old each, hand-fed and weaned them, taught them to fly, brought them to the vets each time they've been ill, etc. I feel like they are my children (my husband and I never had children together). I can't begin to describe the love I feel for my pets. I worry for them, as my husband has two cats that he sometimes allows near the birds.


What shall I do?

Lovesick for my lovebirds

My response:

I had a client, about two years ago, with the very same situation. Basically, her and her husband's two Cockatiels wound up costing her, in my billing, well over $8,000.00 - - on just the issue of the birds alone ! Well, she won the birds ! A few months later, and out of sheer interest, I called opposing counsel to find out how much his fees were on the issue of the birds insofar as the husband was concerned. He estimated his fees, on that singular issue, to be very near to mine. Total fees for the birds: Approximately $16,000.00+ for two birds that probably didn't have a value of more than 10% of those fees.

Four months later my client called me to say that one of the birds had died for some unknown reason.

After I got off the phone with her, I wondered if it was worth it. Perhaps - - at least for me.

IAAL

Moral of the story - -
You're going to make one, lucky, attorney very happy in this endeavor.