Pet Custody Dispute

In My Humble Opinion
1

My ex-girlfriend and I are currently disputing custody of one of the cats we have (All three currently in my possession). The cat in question was originally purchased by my ex’s mother to replace one of their cats that had run away/disappeared. The other cats consist of a long-haired cat that my ex had adopted as a rescue and a cat that I had adopted.

Initially, when my ex and I moved in together, we took turns feeding the cats, each buying every other bag of food as needed. It seemed to be a fair deal, as one of the cats was mine. She had no job or other stable income, so, as soon as I got my job, I became the one buying the food and litter.

This lasted for a few months, until our relationship degraded and we broke up. I’m a little fuzzy about the order of these events, but, during this period, 1) she was served a 30 days notice from our landlords; 2) I moved into the second room we were renting (only used as storage until then), while she stayed in the other room with the cats; and 3) she began spending more time with one of her friends, often spending the night at his house, and eventually moved in with him.

She told me that she didn’t take the cats because this friend has a large mastiff, who would certainly kill the cats given the chance. Having seen the dog, I don’t doubt it, but she should at least have taken some time to come see the cats. She rarely came by, and when she did it was to pick up belongings or to sell her other animals. I don’t recall her spending any significant time with the cats, and I believe this absence is what led to a significant weight loss in the long-haired cat (He has since regained his health).

During her absence (It’s been at least 2-1/2 months now since she moved out), I took the role of primary caregiver to the cats; paying for food, shelter, toys, and care, including cutting off clumps of poo that occasionally get stuck to the long haired cat’s butt fur, plus the vet visits for vaccinations and a long-standing ear mite problem that she never bothered to keep up with. Not that I’m complaining; they’re family to me.

Both my ex and I are attached to this cat, and I’m doubting her ability to take proper care of him.

What I want to know is that if my ex’s [out-of-state] parents come after me for this cat, being the primary caregiver, do I have a legally sound case for keeping him?

2

I don’t know positively for sure, but I would say yes, you do. Posession is 9/10s of the law.
You have receipts/cancelled checks for the Vet bills? If not, the Vet could probably give you copies. Our town requires that we get a license for our cats, even inside cats, could you get one where you live?
If your ex’s Mom still has the receipt that she purchased the cat and they really want to pursue it, it could be trouble. You could claim they abandoned the cat.
In the meantime, you changed the locks on your doors, right?
Best of luck to you and your sweet furry family.

(where are the kitty pics?)

3

WAG. How the cat was acquired is irrelevant. It was acquired at the time on behalf of the both of you. You both shared care-giving. That deteriorated. It appears your ex has little to no means to support the cats and your ex has effectively abandoned sharing and care-giving.
[ul]
[li]Your ex’s parents have no standing.[/li][li]Your ex has abandoned them.[/li][li]They’re yours.[/li][/ul]

4

On her own, no, she can’t support the cats; she has no job and can’t even afford to provide for herself, which is why she ended up moving in with her friend and is currently in the process of moving back in [out-of-state] with her dad, her dad’s girlfriend[/new wife?], and her brother. So, I suspect her dad would be paying those bills.

On the other hand, I have concerns about their household, knowing that her brother has a history of illicit drug use and sales; I can’t speak to whether or not that’s been resolved since my ex and I moved here, but it did at one point lead to me, my ex, and my ex’s mom being detained overnight while cops searched her mom’s house and the cars (But that’s another story).

5

It may be another story but it’s relevant to her competence and ability to provide a safe, caring and healthy environment for the cat.

She is no longer under your roof. Under no circumstances should you allow her into your home, no matter how much she pleads, begs, cries, threatens, etc. You obligation is keep the cats safe and well. The moment you allow her in, or worse, to gain access to the cat, your problems and the cat’s welfare, will be seriously compromised. How much of ‘never allow her in’ do you understand? :slight_smile:

6

I understand quite well, as she has not been allowed inside the house since she removed the last of her belongings several weeks ago, and has been notified that she is not wanted on the property.

7

Legal advice is best suited to IMHO.

Colibri
General Questions Moderator

8

She abandoned the kitty. Her mother has no claim to it. Kitty is yours. Keep documentation of when she moved out so if the need arises you can prove that you have been maintaining his health and welfare since then. Is the cat micro-chipped? If not, do so. Have her name removed from any records at the vet also, if you can. If there is a licensing requirement for your state or county, make sure you are the only owner of record.

9

I say split the cats in half, 1.5 for each of you.

10

Which one of you does the cat like better? Would the cats be upset at being split up?