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Old May 02, 2020, 11:36 PM
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amandalouise amandalouise is offline
Wise Elder
 
Member Since: Mar 2009
Location: 8CS / NYS / USA
Posts: 9,171
Quote:
Originally Posted by rebecca1938 View Post
Hello,
My daughter has mental health issues that has led to years of me feeling like I am in an abusive relationship. She has been given a significant amount of money for her 21st and is using it as a deposit on a house with her boyfriend. I need her out at this point, however, she brought home a 4 month rescue pup in August, 2018 and since then we have fallen in love with this dog. My daughter never, ever gets up to walk the dog in the morning. My husband does it. I have just had a bust up with her over the fact she keeps going out during lockdown to meet up with her boyfriend. This has been probably the 4-5th time so far. Today she left out home at 11.30am and now it’s 11.18pm and she is still out. Anyway, an argument happened via messenger and without giving you my life story I am over the whole thing and need her to move out. This is my issue. I’m not going to let her take the dog. She never walks him. She is irresponsible and he’s the best dog ever.
What is my legality on this? Anyone faced it? I’m going to try and research but the day she moves out, I’m just going to not let her take the dog and if she calls the police then she can. I bought the dog his last big bag of food although I’m not sure if that counts for anything. I just know I’m going to fight her for this dog and I wondered if anyone else knew what my chances were?
Thank you!
short version if she signed any papers then the dog is hers by law …. until...… it is proven legally that she is abusing the dog in any way including neglecting the dog. in other words unless someone has contacted animal control and lodged a complaint against her and the dog was legally removed from her care after she signed ownership papers with the rescue she got the dog from, you will have to turn the dog over to her or she can have you charged for dog napping. (holding her dog against her will)

my suggestion sit down and talk with your daughter, offer to take care of the dog until she gets in a stable home of her own. formally write out yours and your daughters agreement and both sign and date it in front of someone that has no connection to the dog, a neutral person to all involved. once you have her agreement that the dog can stay in your care for a specified amount of time, you will have legal grounds to not hand over the dog.
Thanks for this!
Iloivar, lovethesun, rebecca1938