Who gets the dog in a breakup? This case made it to RI's Superior Court.

Katie Mulvaney, Providence Journal

Breakups are hard enough, but having a beloved furry companion in the middle can make things more complicated.

Such is the case for Haley Bunker and Nicholas Boyd, who started dating in the summer of 2018 and were together when Bunker adopted Brandy, a basenji-pit bull mix, a year later.

When the couple had a rocky breakup the following year, both wanted to spend time with the dog.

While Bunker said she agreed to “time-share” the pup because the dog loved Boyd too, that arrangement came to an abrupt halt on June 4, 2023, when he refused to give Brandy back, according to a lawsuit.

The dispute landed in court, with Superior Court Judge Kevin F. McHugh this week declaring Bunker the rightful owner of Brandy.

Why it matters:

Angelica Bovis, Boyd's lawyer, noted that pet ownership after a breakup is becoming a more common issue and, right now, family law doesn’t really cover those relationships.

“Pets, dogs especially, become a part of the family and when a couple ends their relationship the issue of placement for the animal can be a very contentious issue," Bovis said in an email.

Right now, there’s very little case law on the topic for Superior and District courts to rely on, Bovis said. They intend to appeal the decision, and by taking the case to the Supreme Court and having them speak on the issue, it will “streamline parties through the legal system and give guidance to the judge hearing the case.”

What swayed the ruling in Bunker’s favor?

McHugh analyzed the case “[s]o as to not be placed in the doghouse and not wanting to bark up the wrong tree” by evaluating the evidence in terms of traditional ownership and based on the “best interest of all concerned.”

In making the decision, McHugh noted that:

  • It was Bunker’s name, address and contact number listed on the adoption papers and veterinary records (though Boyd took the dog to the first vet appointment)

  • Bunker paid the adoption fee for Brandy

  • Bunker was investigated by the rescue to make sure Brandy would be in a safe environment

  • Bunker sought out Brandy’s adoption

  • Bunker made veterinary decisions regarding Brandy

  • Bunker has more time to spend with Brandy, as Boyd works a full time job for 40 hours a week, and a part-time job for 17 hours a week and has a roommate watching Brandy while he is at work

He concluded that Brandy remaining with Bunker was in the best interest of both Bunker and the dog.

Brandy hasn’t been returned

Bunker's lawyer, Mariah Sugden, praised the ruling but said the dog remains with Boyd.

"Unfortunately, Mr. Boyd has not yet returned Brandy to Ms. Bunker. Ms. Bunker looks forward to being re-united with Brandy," she continued.

Bovis, Boyd's lawyer, said they anticipated to appeal the decision.

Going deeper: Tracing the relationship

The 31-page decision traces the couple’s relationship and its collapse two years later. It references, too, the children’s classic “Where the Red Fern Grows,” a novel chronicling a boy’s childhood raising and training two redbone coonhound pups, a poignant tale of love and grief.

Bunker adopted Brandy from the North Kingstown Animal Shelter, and was looking for a dog she could train as a seizure alert animal.

While Boyd testified that they had discussed adopting a dog together, Bunker stated that those talks never involved the joint adoption of a dog.

Brandy was adopted on March 14, 2019 and spent time with both Bunker and Boyd at his parent’s house in Connecticut where he lived – though both sides disputed how much time the other spent with Brandy.

In early 2020, the couple broke up, and Boyd took the dog for three to four weeks, with the two sides eventually setting up a time share for Brandy.

They split the dog about 50-50 for several years, but in 2023, Boyd had Brandy more because Bunker was going through chemotherapy treatments.

On June 4, 2023, Boyd refused to give back Brandy.

“This court would first like to recognize the difficulty in cases involving canis lupus familiaris, or ‘man’s best friend'," McHugh’s decision reads.

The ruling came after a lower court granted Boyd ownership of Brandy.

This article originally appeared on The Providence Journal: RI court rules on who gets the dog in a breakup. Read the argument.

Advertisement