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| I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. | |
| Author | Message |
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siku&nikolai Senior
Join date : 2013-06-17 Location : Maine
| Subject: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. Fri Jan 17, 2014 12:50 pm | |
| So the plan was always that if my boyfriend and I broke up that I would take Siku (not that I would of given him a choice) and that he was to keep Nikolai. As a result, everything for Nikolai is in my boyfriends name for the most part which I think is going to be a huge problem. Ever since Nikolai's seizure, I've been thinking and I want him too. I want to give him the life that he deserves and keep him healthy as possible. I am the primary care giver to both dogs, my boyfriend couldn't even tell you where to get it and what food they eat, their vets number, he doesn't walk them ever and really does nothing but takes them to go to the bathroom, but I know he isn't going to go down with out a fight. I can't leave Nikolai to be an apartment and crate dog, because no husky deserves that and he is my baby. Although it would be tough to take care of two dogs completely alone, I know I can do it.
Anyway, I think we are heading to that point and I don't know how to get Nikolai. I think his parents would get involved and just try to win, because they are like that and don't keep in mind what is the best for the animal. If you were in my position, how would you get a lawyer or what would you do? I don't even know if I would have a choice for this to happen because nothing but the vet and daycare is in my name. But I can't go down without a fight, I know after a couple of weeks having Nikolai by himself, he would hate it but he would also never give him to me after that. I'm just at a loss for what to do because he always says there is no way I can have both. |
| | | wpskier222 Senior
Join date : 2013-02-11 Location : NYC
| Subject: Re: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. Fri Jan 17, 2014 1:01 pm | |
| Oh man! That really sucks. When you say everything in his name, what do you mean? The registration? If the vet stuff is in your name, that might help, especially if you can prove you paid for it.
I would say it would probably actually be good to sit down with him and have a discussion about it. Bring up the fact that Nikolai is a special needs dog that could potentially have large medical costs. Honestly, if he refused to be reasonable, I would just take the dog and leave a check for the price he paid for Nikolai and deal with the repercussions later. Write in the memo section "Nikolai" and if he cashes it, you're golden. Leave the ball in his court, if he wants to sue. If you can document that you spent money on the care of the dog, I think you honestly have an equal claim. Is there anything in writing between you and your boyfriend stating that if you break up he gets Nikolai? |
| | | TwisterII Senior
Join date : 2013-06-14 Location : Missouri
| Subject: Re: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. Fri Jan 17, 2014 1:11 pm | |
| It never hurts to call and talk to a lawyer in advance. Get advice on the case and tips on what that lawyer would need to help you in the case. I would keep check of every dime I spent on Nikolai, especially with the seizure issues and find out if you could call in witnesses such as the vet and neighbors to vouch for you and how much you do to care for both dogs. If you can prove you have spent substantial sums of money on the dog you might be able to sue for your money back or exchange for the dog. You need proof that he is unsuited to care for the dog. Pictures or video to discredit him and his interest in the dog will help. If the dog is in his name and he hasn't abused the dog and you had prior agreement that he would take the dog in the event of a breakup it's going to be a difficult and potentially expensive battle to get him. Was the agreement verbal or in writing? Were there witnesses? Does he know about this site and can he pull statements that you have made on here about agreeing to split the dogs in the event of a breakup? If you feel like it will get bad, play hard ball. Swamp him with the dogs responsibilities and questions about his special needs, drown him in how unprepared he is to take care of the dog on his own and video his whole meltdown when he can't handle it or refuses to do necessary things for the dog. _________________ |
| | | eander83 Adult
Join date : 2013-01-18 Location : Northern Virgina
| Subject: Re: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. Fri Jan 17, 2014 1:14 pm | |
| I found this. Hope it helps a little but it looks like since you are the primary caregiver and the it is a special needs you may have a case for you. http://www.ehow.com/about_5369441_pet-custody-laws.html |
| | | siku&nikolai Senior
Join date : 2013-06-17 Location : Maine
| Subject: Re: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. Fri Jan 17, 2014 1:15 pm | |
| No nothing in writing, and I haven't spent all the money on his vet, but over the past two years of his life, I have completely paid for more than enough. The things that are in his name is insurance that we just got one week before the seizure which I have to see if I can transer, if not I'm screwed, and the receipt for Nikolai. We ended up not registering him with the AKC because we just never used Siku's. But everything else is either in my name and his name. I've thought about the leaving the check and just taking both but I don't know how well that would work out. I think he would eventually give up but it would be a battle. Thankfully nothing in writing as who gets who so I think that would help.
Honestly I would love to have a conversation about it and wish he would see what is best but he just isn't that type of person. He has never come across anything that he hasn't got what he wanted. Every time I bring it up he flips out, and just says yeah right, I dare you try. So being civil at this point is not an option. Him and his family just like to get what they want. They are a spoiled little rich family who really I don't think would let this happen, but at least I can try. They all know deep down who takes care of this animal so I think I could have a strong case, but they might quit if I were to just leave a check and not return any of his tries to get him back. Its just so annoying because he is a terrible husky owner. He needs a fat dog that doesn't move and I just can't sentence Nikoali to that life, he says if I was there he would still treat Nikolai the way that I do and walk him and daycare but I know that wouldn't last more than a week. |
| | | siku&nikolai Senior
Join date : 2013-06-17 Location : Maine
| Subject: Re: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. Fri Jan 17, 2014 1:23 pm | |
| Thanks Jenn and Erica. I mean the good thing is EVERYONE can vouch for me that I am the primary caregiver, even his parents (if they were made too) so that is comforting to me. Again luckily nothing was in writing and no one has ever been a witness to that conversation and honestly it wasn't even really a huge conversation it was just something that was kind of known. I did talk to my mom about who our family has used for a lawyer and I might give him a call. I figure a nice letter from him, and the check should suffice. Luckily I have my online banking stuff and I can show how much money has been spent on him over the past couple of years. The link that Erica sent me was really helpful, and I think I would have a strong case, we got the dogs while living together so I think he is just as much mine as he would be his. He also has no idea about this site, he thinks I'm crazily obsessed enough, so I never mentioned being part of a husky forum! I don't even know if this will happen for sure, I just need to be prepared because if we are going to break up I need to be the one to innate it so I can have everything in order. Because if it doesn't go my way, I will be screwed. |
| | | siku&nikolai Senior
Join date : 2013-06-17 Location : Maine
| Subject: Re: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. Fri Jan 17, 2014 1:45 pm | |
| OMG. I'm a genius. So I was on the phone with the pet insurance and I obviously need his signature to sign Nikolai's policy over to me and I was asking all these questions and there was no way around it and then it hit me. I think I might get the claim sheet, and tell him its because having two policy on the dogs is cheaper then doing it separately (which is true). That way he signs the sheet, I get them both on one policy, there is no lapse in coverage so all of Nikolai's seizure stuff would then be in my name and it wouldn't be a future problem. I just have to be careful about asking him for it, I wish I hadn't mentioned about wanting Nikolai last night so I might have to wait a few days. I know I should feel awful about being so sneaky, but I can't. This is what is in the best interest of them and in the long run I know it will be best. Other than getting him to eventually give up and agree, I just solved my biggest problem. |
| | | VintageJeans Adult
Join date : 2012-07-07 Location : Houston, TX
| Subject: Re: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. Fri Jan 17, 2014 3:03 pm | |
| Erica, I'm sorry you're going through this. I wish I could help, but I have no experience in this field. Sounds like you know what you're doing though!
I would also wait a few days after saying you wanted Nikolai. It might be one of those things that just 'stick out' in his brain though. :/
I really do wish you the best of luck! Keep us updated. |
| | | Playing with the Big Dogs Adult
Join date : 2013-12-04 Location : Idaho
| Subject: Re: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. Fri Jan 17, 2014 3:22 pm | |
| Good luck! have records in writing really helps if you do have to go to civil court it helps if you have all your papers in order and proof of the money you have spent. |
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| Subject: Re: I know this is a topic already, but can't find it. Lawyers, and getting custody of a dog. | |
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