Pets during Divorce
Unfortunately, dogs are treated as any other piece of property would be treated in North Carolina, and a judge will simply make a determination at your hearing with regard to which party gets to keep the dog.
I can’t speak to how a judge would rule, but the brother should have provide all of the evidence showing that the dog was a gift to him (and not a gift to the marriage). He should testify about the arrangement, provide papers etc. Maybe the sister can testify that it was a gift just to brother. Also, the brother should testify that he was the one who did all of the heavy lifting with the dog; that he bought/fed the dog, walked the dog, etc. That could also help result in the judge transferring the dog to the brother.
If the dog is awarded back to the brother, would it be like a 24 hour time frame or what do you think? They shouldn’t have to wait 30 days or something since she took her and shouldn’t have right and it doesn’t take 30 days to pack up a dog?
The time frame in which the dog will need to be returned is completely up to the judge. There is no set time period.