Question
My ex-boyfriend and I bought a dog 9 years ago, we split original purchase 50/50. Up until 2/2021 we were splitting the vet costs (a monthly wellness plan). From 2/2021 (when I moved out) - 12/2023 he did not pay towards the wellness plan. I fully paid all charges. We recently broke up and he is now keeping the dog from me (we were splitting visitation weekly). This week while I was out of town for work, he took the dog to same Vet and brought him in as new pet, and he told the Vet to cancel my wellness plan on the dog and my 4/8 appt. Which they did without contacting me even though I was the SOLE name on the account. They proceeded with vet visit. Vet confirmed to me they did not perform all of the routine preventative care since he was paying out of pocket. So he is not providing same level of care. Dog licenses (2 towns) & pet insurance are in my name & I pay them. What are my rights/options here? And what action can I take against Vet?
Answer
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 and can contact the police, although the police do not usually intervene in animal custody disputes.
Rights to a “shared” animal are not often clear. If a lawsuit is commenced, the court will consider the evidence and decide. Interesting to note is that under a recently enacted New York law, courts must consider the best interests of animals when awarding custody in divorce and separation proceedings. Courts may also choose to do so in non-marital animal custody lawsuits.
Sometimes the most expedient and cost-effective way of resolving animal custody disputes is to offer money for the animal and to sign an agreement making it clear that all ownership rights are transferred. A description of the animal should be included.
Complaints about veterinarians in New York can be made to the New York State Education Department, Office of the Professions. See: NYS Professional Misconduct Enforcement - Complaint Form (nysed.gov).
I hope that everyone involved considers what is best for the dog!
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