Pet Legal Advisor Elinor Molbegott

My now ex boyfriend physically abused me tonight and I took the opportuinity to run tonight. I am currently at my moms. We had 3 dogs together which he treats fine but sometimes he gets a little out of a hand with them and not to mention they are extremely scared of him. Anytime he raises his voice, they all run to the crate scared to death.

He bought the dogs but there is no record of it. I pay for all vet care and have spent well over $3,500 all together. One of my dogs had mange and that was very expensive. I am always good about their annual check-ups, vaccinations etc etc. And they are all microchipped in MY name, as well as in my name at the vet.

How can I get them back? We were never married. Am i legally allowed to take my dogs back with all my vet paperwork and everything? Or could I potentially get arrested for this? Or would the best thing to do be filing charges for breaking my foot and waiting for him to go to jail and then taking them? Thanks. I wanna go around this the best way possible, while being civil at the same time. Not being able to have kids, these are my children.

The police often do not get involved in animal custody disputes between separating couples. However, if the police believes a companion animal is in someone's possession without the owner’s consent, the police in limited situations might accompany the companion animal’s owner (guardian) to the premises where the animals are being kept in an attempt to retrieve the animals. Also, since you allege domestic abuse, it is possible that the police while addressing the domestic violence issue would attempt to address the animal custody issue. Since you stated that you were physically abused by your ex-boyfriend, it would not be a good idea to go to the premises where he lives to try to get the dogs on your own. When the police do not assist in pet custody situations, which as I mentioned they often do not, individuals sometimes hire an attorney to commence a lawsuit for the return of the animals.

While the laws in at least 13 states specifically allow pets to be included in orders of protection, even in those states that do not, judges may have discretion to include language in such orders to prevent the perpetrator of the abuse to further threaten the victim by harming the victim’s animals. Also, if pets are included in a temporary restraining order, the order may require that the animals be placed in the victim’s custody. Although Indiana does not have a specific law allowing pets to be included in orders of protection, there is an Indiana law which includes within the definition of domestic violence the beating, torturing, or killing of a vertebrate animal without justification with the intent to threaten or terrorize a family or household member. This shows sensitivity to the issue of domestic violence and animals and may provide impetus for the police to help a victim recover his/her animals.

I live in Norwalk, CT. What is the state limit for cats and one bird?

Check with your city and county clerk to find out if there is a pet limit law in your vicinity. Laws limiting the number of companion animals one may keep are generally local, not statewide. These laws tend to be enforced when neighbors complain about noise, odors, animals running at large, or when the property where the animals are kept is being used as a boarding kennel, breeding facility, or for another commercial activity. However, municipalities do not always rely on complaints to enforce their pet limit laws. Although there have been a few successful challenges to pet limit laws, courts have tended to uphold the validity of such laws.

I'm trying to prepare for when my pets pass on and not wait to the last minute. I would like to have my pets cremated locally, here in Port Washington or nearby, with a cremation plot for burial of the ashes and a burial service. I approached Knolls Cemetery but they said no and that they were not "chartered" to accept pets. So I wanted to ask you if that were a true statement. Does a cemetery need to be charted to accept pets?

I also thought that perhaps you or anyone else can help me find a local resting place for my pets.I have done a lot of research but can't seem to find anything. I thought that since animals must pass on periodically at the League that maybe your organization may use a local cemetery.

Pet cemeteries are regulated in New York (Article 35-C of the General Business Law). According to section 750-b of Article 35-C, “…no person shall engage for a fee in the business of operating a pet cemetery or pet crematorium …unless he or she is licensed…” While I cannot recommend any particular cemetery, my pets are buried at Bideawee, which has a couple of cemeteries in Long Island, New York, one in Wantagh and one in Westhampton. If you search online, you will find more. Visiting the various cemeteries may help you decide which one you prefer as a resting place for your animals.

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.

My husband bought a purebred Vizsla almost two years ago and though he had it microchipped under his name, I took care of the dog, trained him, took him for daily walks and runs in the park, bathed and fed him. He slept with me on the bed. My husband suddenly abandoned me and took our dog with him. Is there a way to get the dog back?

I suggest you speak with your matrimonial attorney because when animals are purchased during the marriage, laws pertaining to distribution of property may apply. It is advisable to attempt to reach an amicable agreement regarding who gets what, and, in particular, who gets the companion animal. Mediation sometimes helps. The parties should consider the best interests of the animals. In this evolving area of the law, it is hard to predict what courts will do. In a Connecticut case, for example, the court awarded custody of a dog to the wife after testimony indicated that the husband was not treating the dog very well, the husband’s yard contained scrap metal, and a 5-year-old child visited regularly. This decision was made even though the dog was a gift from the wife to the husband and the dog was AKC registered to the husband. After separation,the dog had been living with the wife. And in an Iowa case, while the court acknowledged that the husband gave the dog to his wife for Christmas, the court nonetheless awarded the dog to the husband, whom the dog remained with after the couple separated. The court indicated that the dog accompanies the husband to the office and spends a substantial portion of the day with him. Courts may consider who has been the animal’s primary caretaker, who has possession of the dog and for how long, and if there are children who have bonded with the animal. Courts should consider whether there was a written or oral contract delineating dog custody/ownership/visitation issues.

There is a siberian husky next door. The owner has the dog chained up to a dog house, they rarely feed her, and never spend time with the dog. We have called animal control, and the police, and they wont do anything. Besides making the animal suffer and recording the abuse for another couple months, what can we do? It's unbearable to hear this dog cry all night long every day because it's 29 degrees and shes outside! Help please.

I suggest that you contact your local humane society to see if they can provide any assistance for this dog. Also, if you have not already discussed your concerns with your neighbor, consider doing so. If you know someone who might be interested in purchasing/adopting the dog, that sometimes works. Virginia state law requires "owners" to provide companion animals with adequate food, water, shelter, exercise, and veterinary care. Also, according to the website, www.unchainyourdog.org, there are several localities in Virginia, such as Danville, Northampton County, Norfolk, Richmond, Smithfield, Staunton, and Virginia Beach, which have local laws to regulate/limit chaining. If you are in one of these localities, I suggest you contact your local officials to attempt to get the law enforced. If you are in a different locality, check with your local officials to see if there is such a law, and, if not, try to get one passed. In the meantime, even if there is no anti-chaining law in your community, sometimes local legislators are helpful in resolving issues in their communities so it is worth going to your local legislators, as well as to your local humane societies/SPCA, to seek help.

My dog was microchipped and has been missing for 5 years. We got a call from a neighboring county animal control in IL 35 miles away that our dog was found. We were shocked and on our way to get him when the current owners called the dog pound and realized that their missing dog is our missing dog. Animal control told us they would discuss on Monday and meet with both families and decide who gets the dog back. When we called on Monday they said the dog was picked up by the other family becuase they have the current papers and have had him for 3 years. We did not even get to see our dog. Do we have any rights to at least see the dog. He went missing from our yard 5 years ago. We did everything you can do to find a lost/stolen dog. We never changed our contact info or moved and he was microchipped. Shouldn't they have checked if he was microchipped before they adopted him to new owners. Who has rights to the dog. Should the dog pound give us the name of the people who have the dog if we want to pursue legal action?

There is no simple answer to your question. Your fact situation is so unique that I suggest that if you want to pursue getting the dog back, you consult with an attorney in your state regarding a lawsuit for the return of the dog (a replevin action) and for the name of the individual to whom the shelter gave the dog. Since you never transferred title of the dog to the animal shelter or anyone else and the dog was microchipped in your name, it is possible a court would require the shelter to provide the name of the new “owner” to you. It is also possible that the court would ultimately order the dog returned. It is possible that statute of limitation issues (how long one has to bring a case) could be raised, although I can’t say that such an argument would be successful in your situation. Issues of theft also arise in the fact situation that you presented since the dog was easily identifiable by the microchip.

Cases vary widely on when an animal’s “owner’s” rights are extinguished. If an animal is at a shelter and the shelter holds the animal for the time period required by law, generally the original owner will not have further rights to the animal, particularly if the animal is subsequently adopted. However, if the shelter fails to check for a microchip or other means of identification or otherwise acts in a manner which undermines the animal hold laws, courts could find otherwise. This month a law goes into effect in Illinois actually requiring shelters to check for microchips. Apparently they did in your situation but clearly that did not help you.

The facts in cases where a person has sought the name of an adopter from a shelter/rescue group differ from one another and from your situation. In one case where an individual lost a cat who was subsequently adopted from a rescue group, the court ordered the release of the adopter’s name. In another case, however, the court rejected the original owner’s efforts to obtain the identity of the adopter holding that to do so could lessen the ability of shelters to get animals adopted.

In some situations, where a lost animal did not go to a shelter, the courts reviewed efforts by the person who lost the animal to find the missing animal and efforts by the person who found the animal to locate the animal’s owner in determining future custody. Again, I suggest you contact an attorney in your state very soon if you want to pursue getting the dog back.

I sold my female dog on the condition that she would be a pet and not used just for breeding. I was assured by the gentleman that he had no plans to breed her more than once in a two year span. It has not been two years yet, and he has bred her twice. I have kept the emails between him and I about the purchase of my dog. Do I have the right to get her back?

The answer to your question depends largely on what your written contract says. If a contract states that the seller is entitled to get the animal back if the dog is used for breeding more than once in a two year span, perhaps a judge will order the dog’s return, but perhaps not. Depending on the court’s interpretation of the contract and what the court deems reasonable under the circumstances, the court might give the purchaser the option to get the dog spayed, order monetary compensation to the seller or some rights to the puppies, or perhaps dismiss the case. The only way to ensure that an animal will not be used for breeding is to have the animal spayed or neutered prior to releasing the animal to the purchaser/adopter.

I wanted a dog back in 2008 and my ex's cousin was selling some puppies at the time. I gave her the money and she picked her up. It was paid for in cash. The dog has been registered in my name in my town since 2009. All the vet bills are paid by me and in my name except for the very first one, when I wasn't able to take her in. She took her two months ago and I have since filed a civil case against her scheduled for this Feb. She now has registered the dog in her name, in her town, even though the dog is still registered in my name. Can she do this? Do I have any recourse for her doing this? Will this hurt me in court?

Jurisdictions that I know of do not investigate ownership when issuing dog licenses. A dog license is just one indication of ownership but alone does not prove ownership. Courts generally will look at who purchased/adopted the animal, when the animal was purchased/adopted, and if the animal was subsequently given away or sold. Courts may consider who has been the primary caretaker and who has paid bills for the animal’s needs, as it is determining who really “owns” the animal. Sometimes (but not often) courts consider the animal’s best interests, but one should not count on that. The animal’s well-being is better assured if the people who care about the animal reach an agreement which considers the animal’s best interests.

My boyfriend and I broke up 2 years ago. We had a verbal agreement about sharing the dogs(on and off every 2 weeks or so)and all of sudden he says I cannot see my dogs and wants to be done with me. He is upset over what happened years ago. I have pleaded with him to reconsider and try working things out with the pets. They need me, and I am worried they are not properly taken care of. I am considering taking him to court, and I am the main "care taker" of my two kids...please help!

If you and your ex-boyfriend cannot amicably resolve the custody arrangement and you want to pursue a lawsuit, I suggest you consult with an attorney in your state. Since you divide the time with the dogs equally, neither of you seem to be the dogs’ main caretaker, unless one of you pays for all or most of the dogs' needs. The court may look at other factors, including who purchased/adopted the dog, when the purchase/adoption took place, who has paid for the dogs’ care, under whose name are the dogs licensed/microchipped, and who has been the dogs’ primary caretaker over time. Courts may consider the best interests of the dogs, but that is not all that common.