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Should I do more? What options are available?

Started by mama2, Jun 06, 2005, 11:33:48 AM

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mama2

We are in California.  My ex has a dog that recently bit one of the other children in the home.  I found out about this & asked him about it.  He stated that the child had gotten in between two of their dogs that were fighting, and although he considered 'taking a walk' with the dog the child was not hurt enough to even need stitches.  No one in the home reported the incident, as is required by law, nor did they take the child to the Dr.  (I found out about this when it was mentioned by our oldest son's friend recently ... my ex had told our oldest about it about it a couple of weeks ago.)

I told my ex that I did not want our 1yr old son around the dog.  My ex then renegged his story alltogether, stating that the girl had not been bitten, just frightened.  Eventually, I got him to agree to keep our youngest child and the dog seperated.

My concern at this point is that I may be considered neglectful in knowing that a bite occurred, and not reporting it... and secondly, taking my ex's word for it that he will keep the child & the dog seperated.  (I do not believe he will honor his word.)  

1)  If I can not prove the bite occurred, since no one in the house reported it (even though they are required to by law) should I/can I do something else about the situation?

2)  Can a restraining order be issued against an animal, or do I need to modify our parenting plan to include specific information about the dog?

socrateaser

>1)  If I can not prove the bite occurred, since no one in the
>house reported it (even though they are required to by law)
>should I/can I do something else about the situation?

Unless you can prove it, then, legally, it didn't happen.

>2)  Can a restraining order be issued against an animal, or do
>I need to modify our parenting plan to include specific
>information about the dog?

No. You may only restrain a person or persons with an affirmative order to keep the child some certain distance from the dog, or you could ask that the dog be put down. But, with out any proof of the bite, you have no case, so you're wasting your time, unless you can prove that the dog is abnormally dangerous.

I don't think you can make this case, either, unless the dog has bitten other people in the past.