Delilah blinks her deep brown eyes, circles once and flops comfortably on the floor like she owns the place.

Four-year-old Max Silver reaches out his right hand and scratches behind her ears, sending an explosion of silver and black hair into the air. Laughter and love fill the room.

Renee' Hannans Henry/rhenry@ajc.com (ENLARGE)

Delilah the dog is caught in a custody dispute between this Sandy Springs family and a breeder in Rutledge.

Your Turn Who should keep Delilah the dog?   The Silver Family   Phylllis Anderson   Shared custody   Third party Voter Limit: Once per Hour View Poll Results

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Later, the boy and his dog will snuggle in bed oblivious to the custody battle that rages around them.

The fight, now before a Fulton County Superior Court judge, will determine Delilah's future. It pits a family who loves Delilah against the woman who bred and cared for her.

Like in any custody battle, the emotions are raw on both sides.

"The reason I got a dog has been completely shattered," said Jonathan Silver, a Sandy Springs father of two. "I got a dog for my family and my wife who needed something. That's shot. I wouldn't wish this on anyone."

Juli Silver described herself as "heartbroken."

"I have to fight for my kids to keep this dog they are in love with," she said. "She is not being taken away from my son. He sleeps with her every night."

Phyllis Anderson concedes Delilah's a member of the Silver family, loved and cared for. However, she contends Delilah's also a member of the extended family of Norwegian Elkhounds she's created over 39 years of highly selective breeding.

Anderson said she sold Delilah to the Silvers for $600 in December 2005 because they agreed to co-ownership where she would retain access to the dog for shows and breeding.

She maintains Delilah is irreplaceable and the last in her line.

"I am the owner, the only legal owner," Anderson said. "They have possession. That dog is very important to me. Their job is to give that dog a family. The showing and breeding is a very small part."

In legal terms, the case now pending in Fulton County Superior Court between Phyllis Anderson and the Silvers is a basic contract dispute with Delilah the property.

Both sides say the other has acted in bad faith over the past two years.

Anderson got so frustrated that in December she demanded Delilah back. Her lawsuit seeks to enforce the contract that allows Anderson temporary custody for shows and breeding.

The Silvers, Anderson contends, have threatened to have Delilah spayed. Anderson has asked a judge for an emergency order to prevent that.

Even her lawyer concedes this is not your standard contract dispute.

"It's a unique case," said Bryce Farbstein. "Dogs have a special place in people's hearts and homes. A dog is treated as property under Georgia law. But it's special property."

David Frei, with the Westminister Kennel Club in New York, said such co-ownership agreements are common among show breeders but also are known to generate serious conflict. Emotions can run high when the conflict involves a beloved family pet, he said.

"There are co-ownership disputes of all kinds in our world," Frei said. "It's unfortunate. It's not like you sold a piece of furniture. It's a dog. It's a living thing."

Anderson runs a small show-dog breeding operation from her home on 8 acres outside Rutledge, about an hour east of Atlanta. Anderson stresses she does not do volume breeding for profit. She said she carefully matches dogs to produce only the best Norwegian Elkhounds.

She keeps about a dozen dogs at any time but said she produces no more than two litters of puppies a year.

"I've never made money doing this," Anderson said. "I just reinvest it back into the dogs."

The couple hooked up with her three years ago when Jonathan Silver was looking for a dog for his wife. Juli's longtime companion, a Keeshond named Jasmine had recently died. He wanted a similar dog for his wife and because they were starting a family and he wanted his children to grow up with a dog.

They went to a couple of breeders but settled on Anderson because she had a female. They didn't think co-ownership would be the hassle it has turned out to be.

"What made me think this was a good idea? I don't now. It was an emotional decision. We'd seen the puppy, played with her. We got sucked in," Jonathan Silver said.

The Silvers say Anderson's been unreasonable, not willing to give notice when she wants Delilah, not contacting them for months on end, refusing to submit invoices when she wants to be reimbursed.

Their frustration exploded when they found out the co-ownership agreement might span six or eight years.

Anderson said the Silvers have repeatedly blocked her attempts to visit Delilah and threatened her ability to breed her with their desire to have her spayed.

The two parties are trying to work out their differences without a trial.

Lawyers for both sides have worked out a "custody arrangement" for Delilah covering the next four months. Anderson will get five weeklong visits but must give two weeks' notice. The Silvers will have to properly care for Delilah and can't have her spayed.

The Silvers wish this was all behind them.

Delilah has won their hearts. They want her to be a permanent, full-time member of the family. They hope a judge will void the contract and allow Delilah to be simply a family pet. Anderson's not going to give in to that.

"We were so naive," Jonathan Silver said. "I feel like she was preying on us."

Anderson, too, says she's heartbroken.

She entered into the deal with the Silvers with high hopes for Delilah's show career and later breeding. She's worried that might be ruined. The breeder said she maintains about half-a-dozen co-ownership agreements but no other has fallen apart. "Delilah is so valuable to me," Anderson said.