How is custody of a dog determined after a couple who has lived together split up?

Attorney answers (2)

1. Licensed in WA

   

   John J. Sullivan

   Seattle Probate Attorney

   Contributor Level 14

   1

   Helpful vote

   Answered March 22, 2010 22:04. Poor dog! Isn't there any way you can work this out?
   
   The dog is not a human being, no matter how you feel toward it. Under the law there is no "custody" issue. The dog is property.
   
   If your relationship meets the "Pennington Factors" test to qualify as a "committed intimate relationship" a court can dispose of the dog along with your other property.
   
   See, a general discussion at: http://www.mckinleyirvin.com/resources/articles...
   
   Did the other party purchase the dog prior to when you started cohabiting or after? If you bought it during the cohabitation, it is "community-like" property. Otherwise it is separate or sole property of the purchaser. Now the gift angle is a curve ball. Ordinarily if you have possession of a dog purchased by someone else, there is a presumption of a gift. But I doubt that would apply where you cohabit.
   
   So, if the dog is "community-like" property, in comes Judge Solomon and cuts it in half. Just kidding! But really, what they would probably do if you made them would be to award the dog to one and make the other pay half the value. Is that what you really want to happen?
   
   Apart from the law, and I know I said the dog is just property, my suggestion would be for the two of you to try to decide what's in the best interests of the dog - just like it was your child. And one of you gives up custody to the other on that basis. Think of the dog! Work it out!
   
   Good luck. Keep the lawyers out of it if you can.

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2. 

   Laura Mcfarland-Taylor

   Bolingbrook Trademark Application Attorney

   Contributor Level 20

   Answered March 23, 2010 05:11. I agree with my colleague - you should try to work it out based on what's best for the dog. Yes, you can fight about it in court, but why?

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