IMPORTANT: Can they reallly take him?

I was wondering something rather important. Ok, but first a bit of background infor so you know why I was wondering this.

My sister came to my house today to, in her words, "visit", which I know is a lie. She's never just visited me in her lifetime without a little scheme or wanting something from me. So I thought I'd give her the beneifit of the doubt, though i shouldn't have, but I did and she came in and started gushing over Lucas.

Lucas starts getting really excited and is lovin on her like she's a long lost family member *Cough *traitor!* Cough*

But she just plays with Lucas for a few minutes not saying anything until I asked what she wanted. She said "oh .... nothing. I'm going to take Lucas for a few days!" :yikes:

I started freaking out a little on her and said "Hell no you're not! He's MY dog! He's staying here!" She starts getting all huffy saying how Lucas isn't MY dog how he's the FAMILY dog! WTF!!?!?! He's NEVER been the family dog! He's always been my dog! Well....the first week he was the family dog until they got bored with him and decided they didn't want him anymore

I keep going about how he's my dog and I feed him, pay for the vets, pay everything, bath him, excercise him, etc etc etc. Then she grabs Luke's collar and tries to drag Lucas OUTSIDE into her car!!! I really freaked out pushed her away from Lucas (I didn't want her taking him, though it wasn't the best thing to do probably :/ ) and told Lucas to go to his "spot" as soon as he was free. Lucas went immediatly to his spot, which is in my room, and she goes on about how I'm always abusing her and I need to learn to control my temper and on and on.

I pretty much ignored her, and tried not to burst out laughing about me abusing her lol, until she said something that really got me thinking. She said, "You know what, I'm going to get mom to take Lucas back. He was bought under her name anyways so she's going to take him and I'm sure that will make you understand he's not yours!" :yikes:

I told her that wouldn't happen and to get out, but I'm really worried that it could. I mean the only reason I was able to adopt him was because my mother signed for it (I was like 14 or something at the time and I'd begged her to).

So that brings me to my question.....can she legally take him away from me if she wanted to??

OMG......How awful ...I have no clue as to whether or not they can, but I will be sending some good thoughts your way....

I think legally they could try to. She did sign the paperwork for the adoption BUT you have been caring for him all this time and paying for vet and food bills. It's like a 50/50 thing she is the technical owner I guess you would call it but you are the one caring for him. They would have to take you to court to get custody of him and that's just way too complicated so hopefully they wouldn't even bother. How many years have you been "supporting" Lucas solely by yourself?

I'm not a lawyer though but that's just what I think about them taking Lucas from you. Do they have a key, or any way to LEGALLY gain access to your house without you being home? If they do have a key I would change the locks ASAP or put Lucas in the Canine Protection Progam and send him to a friends house, if possible, while noone is home.

I'm sorry you have to deal with this hopefully it will get better. Keep Lucas safe. Ofcourse he could always run away .

Thanks Jess, I really hope not! I mean, I don't think tthey'd go through a lot to actually get him really, they don't even like him! (my parents don't), but they just *might* do it just to get me angry and have their little fun. But I know they wouldn' take care of him, they would do worse then that proabably! I really hope it was an empty threat!!

No they can't get into my house *legally*. I already told my roomates not to let her back in the house, I am a bit afraid of her trying to get him while I'm not home and getting my roommate to let her in! But I told them not to so that shouldn't happen.

I really don't think they'd go through all that trouble just to spite me, but then again I don't know! I really don't know what they'd do.

I've been paying/supporting Lucas for.....about 3 yrs now. He's only been living with me, in my own house (well....the house I rent) and not my parents, for..... about 4-5 months now I think. But I paid for everything for him for quiet a while now!

That's a scary thought!

Honestly though, I doubt people who have paid him barely any attention would waste their time and energy trying to take him from you. I would really hope they aren't that evil. Sounds like your sister is just being a brat and is full of empty threats. Poor Lucas. Just keep the doors LOCKED!!!!

I really really hope you're right! I bet you guys are right, I mean I doubt they would, but I can't help but worry! She sai dthat and alarm bells went off in my head and I started thinking about if they actually DID do that what life for Luke would be liek and I don't want that to happen!

Of course, you guys are probably right!! I guess he will just have to be guarded for a while!

When is the last time your mom had anything to do with Lucas and his care? I don't think they can take him from you. It does sound like your sister is just throwing a fit because she didn't get her way.

As far as paying anything like 3 yrs or so ago, though I think she had brushed him one last year...for a few seconds lol

Ok, I'm feeling better! Thanks! Little mini panic attack is over Now, as long as they don't do anything about it and have it be an empty threat, then I'll be happy as a cat! lol

Atleast here in Texas, Possession is 9/10ths of the law. Is he under your name at the vets and so forth? If they try to pursue this, which I doubt they will, they will have to wind up in court, and again, you having documention to prove that he has been in your custody/care for almost 3 years, I would highly doubt any judge would give him back to them.

Its such a horrible sitation, Im sure you fear ever leaving the house without him. But if they *do* try to come inside illegally, you can always call the police. Keep us updated!

Possession is truly 9/10ths of the law. If you can prove that he is your dog in all ways, meaning prove that he has been with you and you have been caring for him by providing (and paying for) the vet bills, etc., then they would not have a chance to legally take him.

I know a breeder who sent her dog to a "friend" to be shown and to breed. This dog belonged to her. When she started asking for the dog back, the person who had him made excuse after excuse after excuse, putting things off for over a year. The breeder finally took the person to court - and lost. The way the court saw it, the person who had the dog had been training him, showing him, feeding him, vetting him, and it didn't matter who's name was on the papers, she owned him.

I believe Lucas is safe, and as has been said, your sister likely did it just to upset you and just to cause some "excitement" in the family. I have sisters. It's amazing how cruel sisters can be to each other. Some never grow out of it. Thank goodness my sisters and I have....

Yes, all his vets and everything have always been in my name since we got him! I also have 2 roomates (one who owns Pog, a rottie) so he isn't alone too long during the day, but there are times no one is home. Though I doubt my sister would break into the house and with the roommates knnowing not to let her near him, *phew* that's better. I do feel better. Still a bit worried, but I know it's probably nothing.. good.... *takes deep breath in....and out* lol Thank you!

That is all REALLY good to hear!!! Thank you!!

Yes, his vet/vaccinations/microchip and everything else has always been in my name! That's really good to hear! Makes me worry a LOT less!! Thank you two!!!!

The state you live in will have interpretations of the laws regarding transfer of ownership of livestock.

If you have bills from the vet, great. What's very important is in whose name is the dog's license?

Get copies of everything you've signed at the vet's.

Get receipts for the dog license. If you don't have a copy, get one from your town or village.

If your family shows-up on your doorstep with a police officer demanding the dog, it's a good idea to have papers showing active ownership. The chances of that happening are slim and none but I've seen some stupid things in my life and these are documents you should have copies of anyway.

First, laws regarding animal ownership are generally very old and different states interpret things either expressly in law and in other ways in their interpretation of what's called, "common law," meaning no legislature has enacted a particular law but, instead, courts have interpreted legal principals to answer questions of animal ownership. Some of these principals go back centuries.

The situation you're in depends on the laws of your state because there are a variety of ways livestock laws are interpreted. In some states you would be the legal owner because you have possessed and cared for the dog for so long that the law considers your mother to have abandoned it to your care and thus surrendered ownership by action rather than express contract (meaning you received the dog in exchange for something else). Other states may hold that your mom, no matter what your action is, only leant you the dog and may recover it at any time because she has a receipt of purchase and you don't.

To know what to do, the best thing is to contact a lawyer. Counties have legal aid societies who will offer services to you on a sliding scale fee which means you pay only what you can afford to. If you can find a lawyer that loves dogs, all the better. Call them and ask for a consultation. It shouldn't take long and if it's a simple matter (in the eyes of the law) you will likely not be charged a thing. At the very least, explain your situation, be completely and totally honest, and ask the lawyer what you can do to protect your custody of the dog. It may mean convincing your mother to sign a document saying you are now the legal owner and you giving your mother $1.00 or something like that, or it may mean gathering documentation to prove your case should your family sue you for return of the dog.

If you live in Louisiana be absolutely certain to go see a lawyer because their legal system is different from the rest of the country and family can lay special claims upon your property.

Your family sounds like it's experiencing some serious problems and I'm sorry to read that. I think that, if you want to sleep well at night and know what they can or cannot do legally, you need to speak to someone who knows the law about this sort of thing because if anything happens you'll be prepared to act immediately and have the documentation you need to prove ownership or, at least, to mount a defense.

Good luck!

Babyblue... so sorry to hear this! I know it must be stressful not getting along with family and being threatened by a sibling. In this instance, Spiritus is absolutely right. Possession is 9/10th's of the law. You are in Pierce county, if I'm not mistaken. Just for your peace of mind, go to animal control tommorrow and license Lucas in your name. In your county, unless your mother were to get an attorney, it is animal control they would send to your home to verify ownership. Licensing is what you need to show proof of ownership here. Your mom may have papers of some sort, but yours will be with the most current date. The county has no jurisdiction in that instance as it's a civil matter, if I'm not mistaken. They'll then have to reccommend your mom take you to court to resolve it there. I have a feeling your mom, after 3 years of disinterest in ownership, will not invest the money or time in persueing this in court. If you need any help, give me a ring. I'm 40 minutes from you. Will email you. Again, sorry to hear there are serious issues in the family.

Did your sister say WHY she even wanted him now??? (sorry if I missed this somewhere)

It sounds like a tantrum, but she should have at least given you an excuse as to why.
And I am with most of the others in saying..........Yep, if you have fed him, cared for him........and have vet bills to prove it, I doubt they could LEGALLY take him.

I mean, some states will call you the owner of a stray if you have been seen feeding it a couple of times.

If the vet records are in your name and always have been, then there won't be an issue because, as someone else said, posession is 9/10ths of the law, PLUS you are proven on paper (vet records are official documents) to be the one who is actually caring for him.

I am so sorry to hear you have this kind of situation with your sister. Have you spoken with your mother? You should and find out where she stands on this. You've already received a lot of information about what the law probably is and good ideas for establishing even further your official ownership of him. However, I'm still concerned about what your sister might do illegally. If your room mates answer the door, even if they tell her she can't come in, what if she barges through and takes Lucus? I'm just wondering about taking him to a friends further away, secretly for a while until you think this has for sure blown over. Or at least when you're gone, taking him somewhere where your sister wouldn't guess where he is. (?) Or you could tell your roommates if she pushes into the house, to call the police. Everyone else is probably right....that she's just being mean and getting a rise out of you and probably doesn't even want the dog. Do let us know how it goes. And I hope this is the last of it. What a mean sister. My sister would never do that to me. A dog would never come between us. I'm just so sorry that you're having this stress. (((hugs)))

Sounds like you're pretty well covered . Watch him like a hawk though !

That's horrible! From what the others said, it sounds like you'll be okay. I really hope so! Keep us updated. Hopefully you'll never hear anything about it again.

Ditto to what everyone else has said!

If you REALLY want to be mean, er proactive...give your roommates instructions to call the police on your sister for trespassing if she ever shows up again.