Need help

Question

My brother and his ex have been dating on and off for almost a year, and he wants his dog. His dog is registered to him and he has is the adoption paperwork, but she's been paying for all the dogs vet bills because the dog lives with her, but he’s trying to get custody. I was just wondering if there’s a chance to prove he’s the owner of his dog.

Answer

I hope that your brother and his ex can amicably work out a custody/visitation arrangement that is in the best interests of their dog. When an agreement cannot be reached, sometimes the person who is not in possession will sue to try to get custody of the animal. The court will consider the evidence, including, for example, who purchased/adopted the animal and when, who has paid for the animal’s care, such as veterinary bills and food, who has been the animal’s primary caretaker, etc. While the person who adopted/purchased the animal prior to a relationship is in a better position to get awarded custody in many cases, courts will also consider what transpired after, including that the animal is not living with the person who adopted/purchased the animal (thus possibly implying the animal may have been gifted or abandoned). Some courts also consider the well-being of the animal. I hope your brother and his ex do too!