Hello, we live in Florida, and in divorce court, dogs are divided as property according to equitable distribution. My wife and her ex have two rabbits and a dog, and they have been divorced for several years. Although it was not upheld by the courts, they were splitting time between the bunnies and the dog, and about a month ago, they agreed that the ex should keep the rabbits (they do not like change). My wife and her ex had a brief argument over messages a few weeks ago, but they settled down and agreed to pick up the puppy a few days later. Following the fight, the ex entirely blocked us on Facebook (the only way we could contact her), and there has been no contact since. We promised to pick up the dog a few days ago, and when we arrived, she was nowhere to be seen. As the new wife, I was the first to take the dog to the vet, which I believe makes me the owner in a way… but how do my wife and I go about getting her dog back? Do we do a demand letter in support of the divorce judgment of equitable distribution, or do I send a demand letter claiming she’s not surrendering my “property” (FL law) because I’m the only one with a valid contract specific to the dog? Do i file a police report? Please help.
You have a right to file a police report but the Question is:
What proof of ownership do you have?
Just the vet bill with her listed under my name, so chump change is worth it. They got her off of Craigslist a decade ago under my wife’s old email address.
If the dog’s vet records are not in the ex’s name, you have legal standing, but I believe it is limited to small claims court. Hopefully, it does not come to that.
You need to know that the dog is not yours. Your wife should contact an attorney to see what her options are, if any. Good Lucky.
Animals aren’t well-suited to “custody shares” and are legally considered property. Despite your involvement, the dog isn’t yours. The extensive history of shared custody, photos, and communication supports joint ownership between your wife and her ex. If the ex chooses not to continue sharing the dog, she likely can’t be forced to. It may be best to help your wife move on and consider getting a new dog when she’s ready. Continuing to pursue this could be seen as harassment.
If two people have an agreement about sharing a property and one of them doesn’t hold up their end, the court can enforce the contract. You decide @LunaPurrington
Thank you for the suggestion, but I’ll have to decline. She cares well for the bunnies, with assistance for cage cleaning, and spends more time with them than we did. However, the dog wasn’t walked for days, leading to severe neglect. Despite giving her a second chance, the situation didn’t improve.
I don’t get why you gave the dog back to her after seeing how horrid the living conditions were and knowing she is not getting walked and stuff. This part confuses me a bit.
It was a one-time incident of getting skipped for two days of walking. She does not walk her enough in general, but that is just poor pet parenting. She was sick when she didn’t walk her, but that’s no excuse. My wife wanted to be cordial with her and give her a second… a last opportunity.