Wife will not give up her aggressive dog despite attacks on children...

by Anonymous

My daughter (4) has been bitten by my wife's dog about four times with bleeding wounds. My son (3) has been bitten twice with bleeding wounds. And now I have an 11 month old who may be the next victim. The dog has bitten nine other people including other children and adults. The dog is a 12 pound Japanese Chin.

I've been able to find organizations that will take him but she (wife) will not relinquish her ownership of the animal. What can I do in order to keep my children safe (finding the dog a new address) and not get into a lawsuit with my wife? Are there any ways around this? Thank you.

Visitor Question:
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ANSWER for "Wife will not give up her aggressive dog despite attacks on children...":

Anonymous (Utah):

It is difficult to understand why any parent would knowingly place his or her child in an environment where the child is likely to be harmed. From what you've stated, you and your wife have repeatedly done so.

Your primary concern should be immediately removing the dog from the household environment. If that can't be accomplished, then you must immediately remove the children from the home.

Under the present circumstances, and from the facts you present, there is a likelihood your actions and those of your wife may be criminal in nature.

Under Utah Code, Title 76 Chapter 5 Part 1 Section 109 (2):

"Any person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense as follows:

(a) if done intentionally or knowingly, the offense is a felony of the second degree;

(b) if done recklessly, the offense is a felony of the third degree; or

(c) if done with criminal negligence, the offense is a class A misdemeanor."

You should be concerned with the likelihood you and your wife may be reported to Utah’s Child and Family Services Department.

Forget about suing your wife. Get rid of the dog...and do it now before another child is injured, and you and your wife are imprisoned.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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