Do I have a case to get my cat back?

Question

I broke up with my ex in 2020 and left my cat with him due to my next home having a roommate who is allergic to cats and a small shared one bedroom. He agreed to give her back when I moved out. I have a text from him that states “of course you can come get her whenever you want.” I have moved out of that home and now he is refusing to give her back. I have her spay and chip record from 2016 when I rescued her off the street in NYC before I ever met him. I also have other vet records from appointments we’ve had over the years. He has had her for 3 years and about 8 months. Do I have a case? How do I file an action? What is the first step? What type of lawyer am I looking for on this?

Answer

Have you considered that taking the cat away from the person who has cared for her for almost four years may not be in the cat’s best interests? I cannot predict the outcome of any given case, but an argument can be made that after so much time an animal should be deemed gifted or abandoned, even if the person claiming the cat has evidence that he/she rescued the cat and had the cat spayed and microchipped.

People who believe that their animal is being wrongfully withheld can commence a civil lawsuit, such as a replevin action, to try to get the animal returned. A civil litigation attorney may handle such a case.

Worth noting is that California law states that courts may consider the well-being of an animal when deciding the animal’s custody in divorce and legal separation proceedings. Although the law does not address non-marital animal custody disputes, some courts have considered the well-being of animals in these cases too.