Is this considered permanent ownership of an animal?

Question

My sister-in-law put her dog into our care over a year ago and said it was temporary. My husband and I are now separated and she's requesting the dog back over a year later. My children are now very attached to the dog and my sister-in-law is insisting that it was a temporary situation. She's never showed interest in the dog until now and she also informed my husband that if she got another dog that we can keep Princess in our care. What should we do, and is this considered permanent ownership of Princess on our part?

Answer

Hopefully, you, your husband, and your sister-in-law can work out an amicable arrangement. Based on your email, it sounds as if she might be willing to get another dog so consider working with her on getting that done. If litigated, courts would consider whether the dog should be deemed abandoned or gifted (or returned based on a temporary boarding agreement). In determining this, courts would consider the terms of the agreement and if the agreement was breached (although unless the agreement is in writing, often disputing parties have different versions of the agreement), whether any boarding fees were paid, how long the dog was left beyond the agreed upon time, etc. Even if a court decides the dog was abandoned or gifted, it is unclear whether the dog would be considered yours or your husband’s. I hope Princess is doing well and this works out for her!