Can I get visiton of my cats.

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Latest post Sun, Jan 8 2017 5:37 AM by adjuster jack. 4 replies.
  • Thu, Jan 5 2017 5:51 PM

    • Slash1234
      Consumer
    • Not Ranked
    • Joined on Wed, Jan 4 2017
    • OH
    • Posts 1

    Can I get visiton of my cats.

    I live in Ohio my wife left 30 days ago and got a nee place took the cats 21 days ago.  Now she's refusing to let me know where my cats are so I can visit them. 

    We have had the cats for 6 or 7 years.  I work from home she works normally atleast 40 hours or more per week. So most of the time the cats are with me. Now she took the cats who I have been around me this long and not letting me see them anymore. I am very upset. 

     

    When I go to court can I get visiton of my cats or know where there staying? 

     

     

  • Fri, Jan 6 2017 8:03 AM In reply to

    Re: Can I get visiton of my cats.

    First, it sounds like the cats were jointly owned rather than truly "your” cats. Pets are generally treated as property under the law, like a car, TV set, toaster with the notable exception that there are laws to prevent cruelty and mistreatment of animals. The amount of time you spend with something does not determine who owns it. If the cats are co-owned then she had as much right as you to take them with here.

    A court is not going to get involved in resolving the dispute over who gets the cats until one of you files for divorce. Then the cats will be treated as part of the property division in the divorce. That won’t be a fast process unless the two of you come to some agreement about what to do with the cats. While a court might consider some kind "visitation" order while the divorce resolves who gets the cats, that is not common and in any event not likey to last beyond the divorce process. A court is not going to want to retain jurisdiction over a divorce case to deal with visitation issues over cats. Rather, especially since there is more than one cat, the court is most likely to simply to divide up the cats between you, e.g. you take Fluffy and she gets Mittens.

    If you really want to pursue getting the cats, get yourself to a family law attorney and see what you can do in the divorce and to get the process started. Until you get the divorce started you won't get anywhere.

  • Fri, Jan 6 2017 10:02 AM In reply to

    Re: Can I get visiton of my cats.

    Cats and other pets are property, just like a car or a toaster and, just as you cannot get visitation with a toaster, you cannot get visitation with the cats (unless you negotiate for something strange like that in your marital settlement agreement).  However, it appears the cats are marital property, which means they're subject to equitable division in a divorce.  If the two of you don't resolve this issue (e.g., by her agreeing to let you have the cats in exchange for you agreeing to let her have some other item of marital property), then the court will make a decision.  It's impossible for anyone on an internet message board to predict how that might turn out, but my guess is that most courts might give you one cat and her the other.

  • Sat, Jan 7 2017 7:16 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,403

    Re: Can I get visiton of my cats.

    You didn't ask ...but you might want to be sure other things like joint accounts and credit cards don't also wind up as big problems ...and get some prompt legal counsel as,to your options on the big picture 



  • Sun, Jan 8 2017 5:37 AM In reply to

    Re: Can I get visiton of my cats.

    A real "cat-astrophe."

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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