Caretaker won't return microchipped dog

I adopted a dog in November 2010. I got him microchipped as well. I took amazing care of him and he loved his life. Sadly, I had to move away, and the house I was moving into was not dog friendly. I decided to leave him in the care of a friend, under the conditions that when (not if) I could get him back, I could do so, and that she keep him on the same diet (a high-quality all-natural dog food), to which she (verbally) agreed. Now, I'm moving into a dog friendly house and wish to have my family member back, but she refuses to give him to back. Is he legally my dog since he's microchipped to me, and what should my next action be?

A microchip is one indication of “ownership,” but it does not necessary prove ownership or entitlement to an animal. After all, an individual who gives an animal away or sells an animal does not retain “ownership” of the animal simply because he/she failed to change the microchip registration or the new adopter/purchaser did not register the microchip. Courts will review facts and circumstances to determine who is entitled to keep the animal. In trying to construe the terms of the verbal agreement you allege you entered into with your friend, the court may consider how long the dog had been with you and how long with your friend. Unless an animal is in danger, typically courts do not consider the best interests of the dog in determining ownership/custody issues, so I suggest that you do. Pet custody is an evolving area of the law, so it cannot be said with certainly how a court would decide any particular case. If you cannot reach an amicable agreement with your friend and you want to pursue trying to get the dog back, you should hire an attorney in your state.

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