At what point would my ex not asking for custody of our dog be considered abandonment?

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At what point would my ex not asking for custody of our dog be considered abandonment?

Our divorce decree states that we are supposed to have joint custody of our dog, exchanging him every 6 weeks. My ex has not seen him in almost a year.

Asked on July 20, 2011 Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can not decide that he has abandoned the agreement - or breached the agreement - on your own.  You can only present the facts as yo know then and ask that a judge consider the agreement breached and ask that the agreement be modified to allow you sole custody of the dog.  Even if he is not asking for him as he is allowed does not mean that he will not ask for him at one point in time and you will have to comply unless the court says you can say otherwise.  Maybe offer to buy his rights to the dog from him at this point in time and modify the agreement in writing so that the matter is done once and for all.  Good luck.


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