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jgarrett75
Aug 8, 2014, 04:31 PM
My ex boyfriend in I had a verbal agreement on joint custody on our pedigree dog. During the time he was not working I paid all the expenses on the dog I have records and receipts. He does not take care and abuses the dog, I have witnesses. Recently he asked me to sign a document he prepared for joint custody when I contacted a lawyer to review the contract before I signed it my ex boyfriend went into hiding with the dog and will not respond to my contact. I plan on suing him for custody of property. I'm sure he will not show up in court, if I win my case how will the law enforce him to give up the dog.

Jacalyn Libby
Aug 8, 2014, 04:39 PM
I am so sorry for what you are going through... You must be worried sick! I am not a lawyer but if you can't find him then you don't have any options. I would still proceed with filing suit against him which may lead to a warrant for his arrest (contempt of court.) Then if he surfaces and can be arrested it will look good in your favor all around. Best of luck. He is probably doing this for spite and the judge will recognize this. Bless you.

joypulv
Aug 8, 2014, 05:42 PM
The first response is not a consequence of Small Claims, which only gives a monetary award, and it's up to you to collect it. 'Custody' does not apply to pets either. I am afraid that your chances of any legal action providing results are slim. The dog is property, and with proof of purchase and receipts for care, you can of course go to Small Claims and win by default if he doesn't show up, but the Court will not find your ex nor the dog, will not send out the police, and will not attach his bank account.

AK lawyer
Aug 8, 2014, 05:57 PM
.. He does not take care and abuses the dog, ...

Doesn't really matter, in the eyes of the law, unless it amounts to animal cruelty (which is a criminal matter). As Joy said, " 'Custody' does not apply to pets"; and small claims court usually doesn't have jurisdiction for recovery of personal property such as a dog.

Who purchased the dog?

Fr_Chuck
Aug 9, 2014, 07:36 AM
There is no such thing as custody of a dog. Sorry, I know they are like our children sometimes.

The dog is property and you will need to establish ownership. Who paid for dog ? Where are receipts.

Next, you will sue for the value of the dog, and/or the return of the property.

No, the police will not normally enforce a civil agreement, you can try, to get him ordered to appear in court, with the property ( dog) but often you may only get a judgement for the value of the property.