Custody battle over Chihuahua highlights strange South Carolina law

 

Custody battles over dogs can be just as emotional and convoluted as custody battles over children. Every state has different laws involving the ownership of dogs.

I’ve been following this strange case in South Carolina involving a four-pound two-year-old Chihuahua named Lucy (and Gracie) for months with no end in sight.

This case has implications for everyone who has ever lost their dog (and that is practically everyone who has ever had a dog.)

The Blanton family, mother, father and five children, lost Lucy when they went away for a Mother’s Day weekend in May, leaving Lucy with a dog sitter. Maybe figuring that they had forgotten her, Lucy escaped from the fenced yard and turned up on the porch of city councilman Dave Watson and his wife.

The Blantons did everything they were supposed to do to locate a beloved dog, but she did not turn up. Then five months later they saw her picture in the paper in an advertisement for “Responsible Dog Ownership Day.”

They learned that the Watsons had their dog, but they now considered her to be their dog. The Watsons claimed to have spent $533 to take care of her, which included vet bills, food, collars, leashes and (I am not making this up) a Halloween costume.

They didn’t want the money. They wanted the dog.

After finding that the police were no help, the Blantons filed a civil suit and the November hearing was continued at the request of the lawyers for both parties. (Lawyers make a lot of money any time they appear in court with their clients even if there is no ruling. I mention this for no particular reason, of course.)

There have been some questions about where to hold the hearings. No future hearing date has been announced as the Blantons enter the eighth month of having their lost dog in the home of another family.  

Watson doesn’t deny that the dog he calls Gracie was once the Blanton’s dog, but he claims the law is on his side. According to the local TV station:

He says he tried to find the owner, but it had no tags. After taking the dog to the vet for shots and caring for the pet, he says, by law, it is his.

"As we understand it by state law it becomes a stray after three days,” said Watson.

We checked the law. In South Carolina, strays can become yours after the three days. But first you must take it to the nearest Magistrate. Also there must be a 10 day public notice before a pet becomes yours. Watson says he gave proper notice, and after five months of care he's keeping the dog. Source: Channel 7 WSPA

The Blantons are having a hard time accepting his position.

"My kids are the type of kids that, if they see a stray on the side of the road, they think we are supposed to rescue it, so it’s been very difficult," Mrs. Blanton said.

 

I know where I think Lucy should live, but sometimes the law is indeed an ass.

However this turns out, we can be sure of two things: Lucy/Gracie will have a loving home and two lawyers will make a lot of money.

Comments

[Georgia Little Pea]

You're right about the money.

This is like the other case you posted about last year, and I'm sure many more. It's crazy when you consider how many dogs are in shelters that really need a home. Why fight over 1 dog? Anyway, if the new family really loved the dog, they'd let it go home. What's 533 dollars and even the law, compared to the ethics of the situation? Finders keepers hits a new low. Ridiculous.

[Karen Friesecke]

I wonder if city councilman Dave Watson is going to get re-elected? 5 kids want their dog back, geez....

[Tegan]

I find cases of ownership dispute so interesting. Thank-you for sharing this story.

Unfortunately, the laws down here in Australia aren't much better.

[Clive]

Unbelievable story! Can't believe that the new family wouldn't give the poor dog back!

The law is crazy sometimes! As you say, only the lawyers will win out on this one!

Many thanks for following Clive on Twitter - we've followed you back! Only just starting on Twitter so we're on a steep learning curve!!

[Alfie]

Rooo feel so sorry for that poor family - my humans would have gone bonkers if it happened to them! *waggy tail*

[Southern quebec]

I'm wondering if a micro chip would have solved the problem.

[Jan]

I'm wondering that too. The law seems to be so outdated, I wonder if they even had microchips when it was written.

[Roxy the traveling dog]

Good grief, I haven't heard this story. I agree with you 100%. The dogs belong with the original owners, and the lawyers need to go.....well, ya' know.

[Donna]

Another vote for a microchip. How sad for the original owners. :-(

[Taryn]

Well, the law isn't the only ass in this story, that's for sure!

[Hawk aka BrownDog]

Hi Y'all!

Makes me never want to leave my Human out of my sight!

Y'all come by now,
Hawk aka BrownDog

[Becky]

Winners, lawyers. That's a shame. You're right, at least the litle dog will have a good home.

[Jodi]

Just when you think you've heard everything. It's bull tocky. Maybe we should stage a letter writing campaign on their behalf. Give them back the dog!!

[yellowdoggranny]

the original owners should get the dog..and the other people should set a good example for their kids and give it up.finders is not keepers.

[tj]

Someone mentioned that at least the dog will have a good home....with the person who stole her? The councilman in question here has a history of weird, aggressive, in-your-face behavior. I can't imagine how that constitutes a good home. If I were the real owner of Lucy, the little doggie would have long ago been forcefully removed from her kidnappers. Sadly, no one could ever have imagined that reason, right and the law would not have rectified this situation long ago.

The whole situation is horrid. I am actually moving close to that area and will surely not shop at the antique store that the councilman and his wife own in Easley SC & will actively campaign for a replacement for this moron when he seeks re-election. Anyone who has business dealings with Tricia or David Watson should cease to put a dime in these scoundrels pockets.

[Jennifer]

What awful people to try and keep someone ELSES Chihuahua. Even if there's a law stating otherwise, they should find compassion in their heart to connect this pup to his owner.

[Cindy P]

what is not being mentioned in this article is that there were allegations of mistreatment by the children of the Blantons by an outside party. Being 3 and 4 at the time with a small dog - can anyone say thay haven't seen a small child accidentially mistreat an animal? Also not mentioned is the fact that the Watsons posted signs including at the neighborhood store trying to find the owners. And this is not to start a fight - but I do believe all facts should be in the media.