My wife moved out and took the dog. We had discussed sharing custody of him, but now she refuses to let me see him. We got the dog while we were married, though I paid for him. She agreed verbally and via text to share him, with visits being Sunday to Sunday. I agreed to put it in writing, and typed an agreement and signed it, leaving it for her to sign when she picked him up. Instead, she took the paper without signing it and took the dog. She now claims that she is going to keep the dog. I love this dog very much, and don't know what I can do to get him back. I am willing to share custody because I know how much she loves him too, but when I ask, she tells me the dog will forget me and move on, and I need to just deal with the fact that life is not fair.
Laura Mcfarland-TaylorTrademark Application AttorneyBolingbrook, IL ·
If the dog was both of yours then she has as much right to him as you do. I suggest you speak with a local attorney and make sure that custody of the dog is spelled out in your separation agreement and/or divorce settlement. Be aware that very few judges will allow for joint custody of pets and if they do and one of you breaches the agreement, there will not be much you can do that will not cost you a lot of time and money.
The Massachusetts Bar Association can give you a referral: www.massbar.org/for-the-public/need-a-lawyer
Christopher John FinnDivorce / Separation LawyerSaugus, MA ·
I'm sorry for your situation. In Massachusetts, pets are legally viewed as a type of property, and would be divided as such in any divorce proceeding. As a result you probably don't have a great argument to file for any visitation or custody of the pet. However, it is not uncommon for parties to agree to some form of "custody" sharing agreement of pets in a separation agreement.
I hope this helps.
Very truly yours,
Chris
The dog is a marital asset and its allocation to one party or the other must be litigated at trial if the parties cannot agree. If the parties can not agree: the court will not be pleased, the financial cost of litigation can be high, and the acrimony over the dispute will spill over and compromise other areas of potential agreement. Finding a way to agree is your best course of action, though it sounds like your wife may see something more in the dog than just a faithful companion. Perhaps an ally?
To add to the answers of the other attorneys, I did have a case in which the judge (in Cambridge) made a temporary order granting a "custody" schedule for the family pet. I believe it was a 2 weeks on and 2 weeks off schedule. The issue of the pet was lumped in with other more common issues raised in motions for temporary orders. If there is a divorce case pending this may be an option for you until the ultimate disposition of the "personal property" is determined. Good luck.
We have a family dog as well, so let me offer my sympathy for your situation.
The answer is that the parties are going to have to work this out, as difficult as it is. As inconceivable as it is for most dog owners, a dog is simply property of the marriage and will need to be "divided" or "allocated" like any other property. Obviously, it deserves more attention and compromise than a dining room table.
It sounds as though your spouse is using the dog as a way to either heal herself or harm you - or both. You may want to work out some kind of a visitation schedule or other arrangement, but you really should have an attorney assist you with this situation.
