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Maybe a first on this board, but I've gotten great advice with regard to my s4....why not ask?
While the stbx has access to the home and I'm relegated to extended stay hotels, she is responsible for our two dogs. I often drive by to simply drop off a gift by the door for my son(a promise I made him my last day there, so that he would know Dad has not left him). It also provides me the ability to ensure she is utilizing the house and taking care of responsibilities.
Thus, two weeks ago she left home for two days. Our dogs were locked up in master bedroom with a bowl of water and food and no access to yard. (since I'm not allowed in the home I will plead the fifth on how I know the details.)
This weekend marks the second occurrence and approaching 3 day unattended. What are my options? I'm not going to just sit here and let them starve/soil the bedroom.(we're taliking two Labrador retrievers) If I go in and simply get them out, I likely face contempt. Does desperate times require desperate measures? Obviously, I could try and speak to judge, but that is two days from now....
I would think leaving confined animals without the proper food, water some level of cleanliness rises to the level of animal cruelty. The trick would be determining if they are actually out of food/water and how you present it to the proper authorities in a way that let you achieve your goal.
Do you have a friendly concerned neighbor that might be able to help you out with a welfare check on the "loud animals confined to the house next door and seem to be in distress"?
Call the cops and say you have a concern for the welfare of the animals.
In my opinion, what she is doing is probably not illegal unless they are in a place that does not allow them to exercise. Also if they have no food or water its a no-no. If they have room to move around and have food, 3 days is probably not a fun mess to clean up when she gets home.
Best to just bring it up in court. Have your attorney ask her what she does with the dogs when she's not home for several days. If she lies, then bring it out, if she tells the truth, your attorney insinuates that it presents a danger for the kids as animal feces and urine probably are the most hygienic things for kids.
All in all, I don't see that this making a difference in your case.
So you know for a fact that there was no person entrusted with a key to let the animals out to poop? No one took 15 minutes to let the animals run around a bit? Seems to me all she would need to do would be produce a friend who says "I stopped by twice a day to care for them" for your case to blow up."
Land mines...More like napalm on the first occasion. There is no sitter..We have surveillance cams outside, accessed via the Internet......honestly, speaking I'm not attempting to "catch" her doing something. Although it would be just another example of her priorities. Simply concerned that my dogs not starve and get the required care while I have no access. If she doesn't return tonight, just gonna bite the bullet and go get them in the a.m. Just another bump in the road that I did not consider.
At one point, myself living in an extended stay, I found a foster home for temporary respite for my dog. NJ wasn't caring for it and my circumstances were not good for a dog - kid was too young to care for him.
I contacted the local Animal Shelter who put me in touch with a breed-based rescue - a kind woman took my dog for 3 months and I donated to the shelter on her behalf.
If you find something offensive in what I write, please accept my apology in advance. (Not that I'm going to change anything just because you don't like it, but it's not my goal to offend anyone.)