Who gets the puppy and the money from the litter

[enpointe19]

So I own this puppy (bitch, 9 months) but unfortunately my ex is also listed as an owner from when we bought her. My ex did a Akc registration and since breaking up tells me she owns the breeding rights + can take the dog to breed her whenever. I don’t want her bred, at least right now. But my ex is saying she’s found a stud and is going to take the puppy and breed her, and since she owns breeding rights, she owns the puppies and takes all of the money if they sell. I dont know anything about breeding, breeding rights, or pet co-owner rights. So can she take my pup and breed her? And if she does, does she own the puppies, get the money, and own breeding rights forever?

 

[dukedesu]

@enpointe19 All signatures must be on registration for a litter for the dam, so no, she can't just breed the dog and have the puppies registered if you co-own. Also, if you are the primary owner of this dog (not in the AKC sense), just don't let her take the dog... can you buy her out to get off the co-ownership just so it's no longer a hassle?

 

[enpointe19]

@dukedesu I’ve tired, she wont do it because she wants a puppy from my pups litter. Which I planned to do years down the road, but she wants it now. Can you explain what you mean by all signatures must be on the registration for a litter for a dam?

 

[dukedesu]

@enpointe19 If the bitch is co-owned on paper with more than one person (you & her), all signatures have to be on the litter registration paper to register the litter. However, since she did it all herself, she may not have put your name on there too.

 

[enpointe19]

@dukedesu She is co-owned on the adoption paperwork but not the akc registration certificate

 

[greatlakes4ever]

@enpointe19 9 months is too young. Responsible breeders will wait at least 2 years, that is the age the OFA will certify hips and knees. And it makes sure no genetic issues crop up and allows the dog to mature. As others have already stated, do a ton a research about how to breed responsibly. This includes showing the dog in conformation. Not to win titles per se, but to ensure alignment with breed standards. Any stud you choose should also have the same.

on AKC, they do not get in the middle of ownership disputes. They will go by what is in their database, and if there is a court order, they will comply. The AKC cannot and will not compel you to hand your pup to your ex for breeding or any reason. So if you refuse to grant her access, the only option she has is the legal pathway.

You need to find out a few things and you can contact AKC. First, find out if the pup had FULL registration or limited. The breeder can also give you that info. If limited registration, puppies born cannot be registered.

Who is listed as the owner? Just your ex, or both? If the pup and the stud have full registration, the pups can be registered. If you are co-owners, both of you need to sign off on litter registrations. But again, these things have no bearing on IF you allow your ex to take the pup.

 

[enpointe19]

@greatlakes4ever 2 years old is what we talked about when we got her, but now she wants a puppy now. I plan to refuse her access as long as she doesn’t have rights. When you say who is listed on the owner I guess it depends what you mean and what paperwork. The adoption paperwork has both our names as co-owners. But the akc paperwork and the microchip only has her name listed.

 

[greatlakes4ever]

@enpointe19 Right, you're dealing with 2 separate issues. You have the dog in your possession and is its rightful owner.

AKC registration only matters if you plan to show and breed the dog.

 

[lumiere]

@enpointe19 She can not legally take your puppy to breed. She shouldn't even breed a 9 month old puppy. They need to be at least 2 years old. That is ridiculous. Ownership of the dog (unless dictated by a contract) can usually be determined by vet bills and/or microchip. If you pay for the vet bills and food to take care of this dog, then you have a stronger case that this dog is yours.

AKC does not dictate breeding rights exactly. There is full registration, which means if you decide to breed this dog with a dog of the same breed, you can register her litter with the AKC. If the breeder were to give you limited registration, you can technically still breed the dog, but no litters can be registered with the AKC. AKC has no control and actually doesn't want any control with the business practices itself. Just because she registered the dog doesn't mean she has breeding rights.

If this dog is legally yours, then it is your decision. She has no control over that. If she relinquished ownership of the dog to you, then she relinquished the right to breed her.

The ONLY time it is possible for a different person to have breeding rights than the owner is whenever you are a part of a Guardian Home program. This is where the breeder gives you the dog but has the right to breed the dog whenever they want. There is a lot more that goes into it, and there are very detailed contracts stating what all is expected in the process and if the owner can actually handle it. Good breeders don't make this option available to just anyone. Anyway, If your ex does not have a contract, then she can't do anything about it.

If she keeps coming at you, I would threaten legal action. Tell her that is the only way she is going to get the dog. Also, if you go and get the dog fixed, she can do nothing about it. If needed, some vets will even say that it was a needed surgery to get the dog out of a bad situation.

I'm not going to tell you not to breed your dog. That is your decision, but please do not breed this dog as a puppy. That will be so hard on her. Babies shouldn't have babies. If you decide to breed in the future, do your research on how to do it right. Research about different health tests to do with the breed. Some will have DNA tests along with hips, elbows, heart, thyroid, eyes, etc. Not always all of those, but each breed is different. Also, always take back any of the puppies. We don't want to add more dogs in shelters. There is a lot that goes into breeding, so if you do decide to take that route, I strongly encourage you to do your research. If you are interested, check out the Functional Dog Collaborative website and podcasts. They are wonderful.

 

[enpointe19]

@lumiere And this holds true if her name is listed as a co-owner when we got the pup months ago?

 

[lumiere]

@enpointe19 It should. If you tell her no, the worst she can do is try to sue for ownership of the dog. If you have records of paying for vet care, records of buying food, microchip with your name, and documented records of her saying that her intentions, that will help your case A LOT.

Also, if both you and her are co-owners, then technically, you BOTH need to agree to breed the dog. That is not something she has complete control of.

I think the best thing to do would be to get a vet appointment and spay her as soon as you can. Then there is no reason for her to fight you, and there is no way she can breed the dog. I would be scared of her possibly stealing the dog, but I don't know her well.

Either way, she has no authority to just take your dog and breed her any time she wants.

 

[maddox]

@enpointe19 Fix the dog, or make you Ex buy the dog, problem solved.

 

[kimx]

@enpointe19 spay the dog.

 

[highd]

@enpointe19 Are both your names on the akc paperwork?

 

[enpointe19]

@highd I think it might just be hers but I’m not sure. Is that done when we get the puppy? At the vet? Or just online? She basically did everything but I have the contract where I bought the puppy from and am sure my name and her name are both on it.

 

[sustainableblueberry]

@enpointe19 So what it sounds like you have going on is a issue where she registered the dog in her name, but you both signed the paperwork from the breeder? When you split with your partner, did you all go to court to divide your assets and determine who actually owns the dog? Dogs for the most part are considered personal property, and seeking out a lawyer who is versed in animal law or even a family civil law might be the best option. AKC is really just a registry when it comes to stuff like this.

 

[enpointe19]

@sustainableblueberry That’s correct we both signed the adoption paperwork from the breeder. But we weren’t married so she took the cat and I kept the dog without any paperwork being changed or going to court, it was just a mutual agreement. But now she’s saying since she owns breeding rights she decides when my dog is bred and says I’m never allowed to breed it without her consent, and if I did she could take all the puppies from me or all of the money. But she wants a puppy right now so she’s saying she wants to breed my dog right now

 

[sustainableblueberry]

@enpointe19 I am not a lawyer; however, if you want to breed this dog in the future, you may need to hire a lawyer. The situation you find yourself in is pretty complex with her owning all registration rights and you having possession of the dog. And the rules vary from state to state. If the two of you can work out an amicable agreement, then it’s less than $40 to transfer the registration. If you ever want to register a litter from this puppy, you would need to get that sorted out beforehand because your ex is the only one listed, and would have to sign off on any litter and be the registered owner of the litter. There’s multiple ways to work out who gets money and everything is negotiable. You have to remember that dogs may feel like members of the family, but they are legally treated like a car or a couch. I wouldn’t though release the dog to her to breed though until it is mature with out the courts getting involved. It’s not good for the dog. She can wait until the dog is older.