Kopite Posted April 3, 2012 Share Posted April 3, 2012 Time for one of my legal questions as I don't seem to have any normal friends Scenario is as follows: A friend called Lyndsey as a daughter, Lyndsey's dad buys his granddaughter a dog for her birthday 5 months ago. A few weeks after, Lyndsey is quite ill and the GP suggests it's a reaction to the dog so she is told she's best to give the dog up, her daughter's devastated obviously. The dog's advertised for adoption but Lyndsey's dad takes the dog in the end. It then turns out that it wasn't an allergy that Lynsey had, was a coincidental infection which had the hallmarks of allergies. Problem now is, Lynd's dad's wife has started to like the dog and won't give it up, the dad is siding with his wife. Lyndsey has her daughter in tears still wanting the dog back (she's 3) but her dad is refusing. Seems a messy situation to me, her dad paid for the dog originally but Lyndsey has paid a lot of the vet bills etc since. She's asking where she stands legally with this so I thought i'd ask on here as there's usually a lot of clued up people! Quote Link to comment Share on other sites More sharing options...
ozz Posted April 3, 2012 Share Posted April 3, 2012 I cant answer on the legal aspect, it sounds very messy. I can't see any winners here though going down that route, it would cost a fortune and cause a family fued for whoever lost. Must be a way to sit down together and talk it out, maybe share the dog, or explain impact to the daughter. Must be more to it than what you've written. Nightmare! Quote Link to comment Share on other sites More sharing options...
Colin-mkiv Posted April 3, 2012 Share Posted April 3, 2012 Dad buys daughter a rabbit, daughter still gets to see dog on weekends and rabbit distracts her through the week. Job jobbed. Then, daughter develops allergic reaction to rabbit.....etc Quote Link to comment Share on other sites More sharing options...
dr_jekyll Posted April 3, 2012 Share Posted April 3, 2012 id say lydsey has a b1tch fight with dads new shrew to decide the dogs owner. and none of this first blood nonsence... to the death! Quote Link to comment Share on other sites More sharing options...
Havard Posted April 3, 2012 Share Posted April 3, 2012 I am sorry but if a three year old child wanted their dog back then I would give it back. H. Quote Link to comment Share on other sites More sharing options...
j_jza80 Posted April 3, 2012 Share Posted April 3, 2012 It's not really fair on the dog to have it going backwards and forwards. I wouldn't consider giving my dog up over an allergy, unless it was very serious and I'd explored EVERY possible avenue. It sounds like the dog has gone to a good home, so why cause any more distress for the animal? Young girls are fickle and she will stop fussing over the dog before long. Quote Link to comment Share on other sites More sharing options...
Ian W Posted April 3, 2012 Share Posted April 3, 2012 The below are all good points / suggestions. Dad buys daughter a rabbit, daughter still gets to see dog on weekends and rabbit distracts her through the week. Job jobbed. Then, daughter develops allergic reaction to rabbit.....etc id say lydsey has a b1tch fight with dads new shrew to decide the dogs owner. and none of this first blood nonsence... to the death! I am sorry but if a three year old child wanted their dog back then I would give it back. H. Quote Link to comment Share on other sites More sharing options...
Kopite Posted April 3, 2012 Author Share Posted April 3, 2012 It's not really fair on the dog to have it going backwards and forwards. I wouldn't consider giving my dog up over an allergy, unless it was very serious and I'd explored EVERY possible avenue. It sounds like the dog has gone to a good home, so why cause any more distress for the animal? Young girls are fickle and she will stop fussing over the dog before long. Agree that it's not good for the dog either, she did leave it quite a while until she gave it up, i know i'd really struggle to give a dog up. I am sorry but if a three year old child wanted their dog back then I would give it back. H. Agreed H, it's what's upset her the most cause it's her own dad puttin his girlfriend first. The girlfriend is now saying she can BUY the dog back... Just wondering if anyone would have any legal ideas about this, would it be considered theft or that the dog was unofficially adopted? Quote Link to comment Share on other sites More sharing options...
j_jza80 Posted April 3, 2012 Share Posted April 3, 2012 Agree that it's not good for the dog either, she did leave it quite a while until she gave it up, i know i'd really struggle to give a dog up. Agreed H, it's what's upset her the most cause it's her own dad puttin his girlfriend first. The girlfriend is now saying she can BUY the dog back... Just wondering if anyone would have any legal ideas about this, would it be considered theft or that the dog was unofficially adopted? Crickey, this is turning into a bit of a drama. If I HAD to give my dog up, it would be to the best home possible, and I wouldn't expect any money. How anyone could want to profit from the loss of a pet is beyond me. My Lupo is regarded as a member of the family rather than 'just' a pet. All the money in the world wouldn't take him from me. He's my best pal Quote Link to comment Share on other sites More sharing options...
Kopite Posted April 3, 2012 Author Share Posted April 3, 2012 Cricket, this is turning into a bit of a drama. If I HAD to give my dog up, it would be to the best home possible, and I wouldn't expect any money. How anyone could want to profit from the loss of a pet is beyond me. My Lupo is regarded as a member of the family rather than 'just' a pet. All the money in the world wouldn't take him from me. He's my best pal http://i297.photobucket.com/albums/mm203/j_s14a/DSC_0095.jpg http://i297.photobucket.com/albums/mm203/j_s14a/DSC_0093.jpg Gorgeous dog Yeah it's not a nice story, the dad's girlfriend sounds like a total cow Quote Link to comment Share on other sites More sharing options...
Matt H Posted April 3, 2012 Share Posted April 3, 2012 Sounds like a sh!t family. Quote Link to comment Share on other sites More sharing options...
Havard Posted April 3, 2012 Share Posted April 3, 2012 Agreed H, it's what's upset her the most cause it's her own dad puttin his girlfriend first. The girlfriend is now saying she can BUY the dog back... Just wondering if anyone would have any legal ideas about this, would it be considered theft or that the dog was unofficially adopted? BUY it back? So it's not about principle then? What is best for the animal or the little girl? Jesus, some people are unbelievable. Did the little girls family sell the dog or "give" it to the dad? If they sold it (which I doubt) then that is a different matter. How can this woman say that she wants the dog as she is emotionally attached but she will part company if you cross her palm with silver. I think the dad needs to put his foot down here and reason with his new bit of fluff. The dog was given up on medical grounds, not because they didn't want the dog or were bored with it etc. The situation is farcical. H. Quote Link to comment Share on other sites More sharing options...
tbourner Posted April 3, 2012 Share Posted April 3, 2012 There's no legal standpoint unfortunately, unless you have receipts, or otherwise want to go to small claims court and attempt to prove Lyndsey had ownership somehow. We used to give dogs out before donations had been paid, they'd signed contracts to say the dog legally belongs to Huskies in Need for the rest of it's life etc. but when people didn't pay and we tried to pressure them to either pay or give the dog back, we've discovered that we'd have to take them to court at high cost and hope we win - which isn't guaranteed! So with no paperwork at all I doubt you'd have any chance really. Needless to say we have to be really strict now and get donations from people before dogs go out. On that note, why not just adopt another dog from rescue for the granddaughter? Quote Link to comment Share on other sites More sharing options...
Graham1984 Posted April 3, 2012 Share Posted April 3, 2012 Surely just get a new dog as kids that age are fickle so a new dog will make the old one a forgotten memory, Plus the small kid can still see the old do when they see her Granddad so surely two dogs is better than one?? Quote Link to comment Share on other sites More sharing options...
tkddav3 Posted April 3, 2012 Share Posted April 3, 2012 id smack her about abit if i were in her position i mean! not that im a women beater or anything! but yeah come on.. she's 3! he dad shouldnt be such a nob and just give the pooch back Quote Link to comment Share on other sites More sharing options...
Porky1978 Posted April 3, 2012 Share Posted April 3, 2012 I am sorry but if a three year old child wanted their dog back then I would give it back. H. End of in my opinion. Quote Link to comment Share on other sites More sharing options...
Kopite Posted April 3, 2012 Author Share Posted April 3, 2012 BUY it back? So it's not about principle then? What is best for the animal or the little girl? Jesus, some people are unbelievable. Did the little girls family sell the dog or "give" it to the dad? If they sold it (which I doubt) then that is a different matter. How can this woman say that she wants the dog as she is emotionally attached but she will part company if you cross her palm with silver. I think the dad needs to put his foot down here and reason with his new bit of fluff. The dog was given up on medical grounds, not because they didn't want the dog or were bored with it etc. The situation is farcical. H. Yep, she's after a profit from it by the looks of it hence my mate exploring legal advice possibly. As far as I know the dog was given up not sold. Surely just get a new dog as kids that age are fickle so a new dog will make the old one a forgotten memory, Plus the small kid can still see the old do when they see her Granddad so surely two dogs is better than one?? The little girl is asking for the dog by name, her grandad's had the dog over a few times for visits but it makes it a lot worse when the dog has to go home, she doesn't get why the dog's going as it's her dog she says. Quote Link to comment Share on other sites More sharing options...
Graham1984 Posted April 3, 2012 Share Posted April 3, 2012 The little girl is asking for the dog by name, her grandad's had the dog over a few times for visits but it makes it a lot worse when the dog has to go home, she doesn't get why the dog's going as it's her dog she says. My mistake sorry, In that case like Harvard pointed out earlier she is a 3year old girl just give up the dog and get a new one like any adult then, You would think in today's age that people would have bigger issues than holding on to a dog a young kid wants back to be frank. Quote Link to comment Share on other sites More sharing options...
Chucky_waR Posted April 3, 2012 Share Posted April 3, 2012 I'm not sure the court will grant custody back to them because both parties agreed when the dad took the dog. The dad and his wife most deffinately have a bond now with this dog so will be emotionally attached to it. Get the kid a new puppy. She 3 for god sakes so will get over it very soon. All this is doing is creating unnecessary tension between both parties. It will also be a great way to show him they are not dependant on him. Job done. Quote Link to comment Share on other sites More sharing options...
Colin-mkiv Posted April 3, 2012 Share Posted April 3, 2012 The dads bein a Richard Kranium about it, give the 3 yr old her dog back and get your new (me me me) partner a different dog. I reckon its a case of the new partner thumbing her nose at the 'little Princess' and just wanting the pup out of spite. I say he takes control of the situation and puts his new b*tch in her place!!!! Quote Link to comment Share on other sites More sharing options...
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