Delaware judge rules in canine custody case

By Randall Chase, The Associated Pr 2:49pm, March 21, 2013
A Delaware judge has overturned a lower court decision in a canine custody case involving a disputed dachshund.

The judge this week said a common pleas judge wrongly gave Michael Fosset exclusive possession of a dog he bought at the urging of a former live-in girlfriend.

Fosset's ex claimed the dog was a gift to her, but the lower court said it was jointly owned and Fosset was entitled to possession because he bought it in contemplation of a relationship with her.

The Superior Court said the lower court wrongly expanded a law regarding the "symbolic significance" of gifts in "contemplation of marriage" to include gifts in "contemplation of a relationship."

The judge declared that the dog was simply property with the same legal status as a piece of furniture.

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