DEL.ICIO.USBreeder, Sandy Springs family are locked in custody battle
The Atlanta Journal-Constitution
Published on: 07/02/08
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 | |||||
| Delilah the dog is caught in a custody dispute between this Sandy Springs family and a breeder in Rutledge. | |||||
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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.
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Comments
By Tutu
Aug 25, 2008 10:34 PM | Link to this
What many don't realize is that what some breeders are doing now is advertising their dogs as pets but they are not. You get there with the kids. You pick out the dog. You go to sign the contract and there is a provision they have not even pointed out saying you have to show the dog. The breeder makes it seem like no big deal until you find out after you are home with the dog and you and the kids are attached that you have to groom the dog specially, pay the entry fees, and spend all kinds of money and time going to events. If a breeder wants to sell for show, the breeder should explain all this and then send the people home to think about it first. It is something that is happening to lots of people like this family and I think it is wrong.
By getfit
Aug 14, 2008 9:33 PM | Link to this
The dog should belong to the Silvers. Who cares about the breeder. Let the dog decide who she wants to be with: in a cage at a breeders home or in a house with the family she has grown to love. The breeder needs to take a good hard look in the mirror (as scary as that might sound-yikes!-loose some weight you fattie). Have some passion for the poor animal-no one likes to go through a divorce, not even the family pet!
By nunnya
Aug 4, 2008 3:14 PM | Link to this
I just wish folks would consider rescuing a dog before buying from a breeder.
By Ansley
Aug 4, 2008 8:00 AM | Link to this
Shame on the unethical breeder. Phyllis Anderson is a disgrace and should be ashamed of herself. She is trying to scam the Silvers out of money. All she cares about is the money. Shame Shame Shame on her!
By Ansley
Aug 4, 2008 8:00 AM | Link to this
Shame on the unethical breeder. Phyllis Anders is a disgrace and should be ashamed of herself. She is trying to scam the Silvers out of money. All she cares about is the money. Shame Shame Shame on her!
By Angela
Jul 10, 2008 10:24 AM | Link to this
They bought a show dog. They could have gotten a pet anywhere. They signed a contract to buy the dog. They could have gone to any old back yard breeder and gotten full rights to their dog but they went to a show breeder with a contract. They apparently went into this contract with no intentions of holding up their part. Shame on them for deceiving the breeder.
Every breeder would rather have their show dogs live in loving homes rather than one of many at their house. But they have to have honest puppy buyers to do this. Too bad honesty is sorely lacking these days.
By Kerri Louchios
Jul 9, 2008 3:15 PM | Link to this
A contract is a contract, the Silvers knew there were strings attached when they signed it. I spoke to the breeder at great length, if the Silvers had wanted just a pet they could have had other puppies from the same litter. They wanted THAT puppy. The breeder wanted a good home for something she had poured many years of work and planning into. How can the Silvers ever expect their kids to be good, honest citizens when they so willingly show that their word and signature mean nothing?
The sale was conditional on certain criteria being met. The breeder has lived up to her end of the bargain, the Silvers need to live up to theirs whether or not they've changed their mind. The breeder has gone to considerable expense to produce this litter by years of dedicated breeding and selection. She has been willing to accommodate the Silvers in many ways and has even paid for mediation to resolve the situation. How sad that now, because the Silvers won't honor a contract they signed with a full awareness of the consequences, it has to go to court.
How much better off everyone would be if the Silvers took the time to impress upon their children that living up to your word is an important character quality. Being honorable is something to strive for, even if it's painful and uncomfortable.
By Kerri Louchios
Jul 9, 2008 3:04 PM | Link to this
The Silvers signed a contract and they should honor it in its entirety. They're setting a horrible example for their children by showing that their word and signature mean nothing. How on earth do they expect their kids to live up to life's consequences when they're not honoring an agreement they made themselves being fully informed of the facts? I spoke to the breeder at great length, if they had wanted a pet they could have had any one of her other puppies that were available from that litter. They wanted this specific dog and that dog came with strings attached that they were well aware of.
By Just Keep Your Word
Jul 8, 2008 11:01 PM | Link to this
When this goes to court, I hope that the contract will be enforced. If both parties agreed to certain terms, let them live by it and be done. Sounds like the breeder wanted the benefit for the dog of having it's own special family while retaining the right to show it and use it for breeding. WHATEVER they agreed to, neither party should be allowed to ask the court to void the contract because they have changed their mind. The court should make them honor their signatures. How sad it is that a legal court has to be ask to enforce a contract signed by adults.
And I agree with some of the people writing comments in that ther are good and bad breeders, just as there are people who promise one thing and feel they can just change their mind and not be responsible. I do not see where the breeder had acted inappropriately, surely she believed the Silver's offered the kind of home she wanted that puppy to enjoy. I don't understand why the purchasers changed their minds or why they felt that they owed the breeder nothing.
Why can't people just DO what they promise? Whatever that is. Do it and be done with it. If you regret your promise, learn from it and go one. But be responsible and honor your word. I guess that is the bottom line.
By Claudia Clifton
Jul 8, 2008 1:26 PM | Link to this
First of, I have a problem with people that throw ALL breeders in the same category. Animal rescuers or whatever you call yourself, I have met plenty of you, some good, some not so good, same goes with breeders. I have no time for Animal Rights activists calling all breeders irresponsible and causing overpopulation etc.
To the case:
This breeder made the mistake of NOT properly selecting a home for her "valuable" dog. At the same time, this family, from the sounds of it NEVER intended to honor the contract from the beginning, which by itself makes the contract null and void.
As a solution I have the following to offer.
The family should let the 'breeder' have the dog for all required health testing (at the breeder's expense). After that, if the dog tests okay, the physical owner's should allow the breeder to have access to the dog for breeding ONLY.
Meaning, when the dog comes in season, they are to immediately notify the breeder
and make the dog available for breeding. After the mating is complete, the dog should be returned for the next 7 weeks to the family until it is determined that she is indeed pregnant (it is not too difficult to take care of a pregnant female). 10 days prior to the anticipated whelping date, the dog should be returned to the breeder for whelping of the litter and up to 5 weeks thereafter.
The dog should be returned to the family with signed paperwork and completely updated and vaccinations as needed, and if possible spayed, all that at the breeder's expense.
The physical owners should not demand ANY compensation beyond that.
The breeder in turn should NOT request the dog to be shown (the dog is already 4 years old and so far NO request for showing has been made).
Provisions should be made should the dog die during pregnancy, whelping or subsequently due to pregnancy, such as a replacement puppy.
However if it were me, I would let them just spay the dog and show proof of such procedure prior to releasing any paperwork, and make a mental note of being a bit smarter next time.
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