How do I put homeless man’s dog in my name?

Question

My daughter‘s friend asked if we would take care of his Dalmation for a week or two but now it’s over three months. With paid for vet bills for shots and ear infections and a UTI, but they were through Banfield Hospital at PetSmart and we did it under his name. We have not heard from him in over a month and we are very attached to the Dalmation. What do we have to do to make this dog ours?

Answer

As the expression goes, “No good deed goes unpunished.” People who agree to board/foster an animal do not generally gain ownership of the animal unless the animal’s “parent” consents to the transfer of ownership. Ideally there would be a written, dated, and signed transfer of ownership agreement. A description of the animal should be included. Microchip, license, and veterinary records should be changed as well to reflect the change of “parenthood.” Also, people who board/foster animals would ideally have a boarding agreement which provides when an animal would be deemed abandoned, such as if the animal’s “parent” fails to retrieve the animal.

There are laws in Illinois pertaining to when an animal left for boarding will be deemed abandoned but these laws are applicable to animals boarded with veterinarians and licensed kennel facilities, not to individuals who board/foster animals. Several states have similar laws, some more or less expansive.

With respect to animals boarded with veterinarians, Illinois law states, in part:

Unless otherwise contractually provided between veterinarian and client, a veterinarian may dispose of any animal abandoned in his establishment, provided he shall give notice of his intention to do so to the owner at the last-known address by certified mail, return receipt requested, and shall allow a period of 7 days to elapse after the receipt is returned before disposing of such animal…

With respect to animals boarded with licensed kennel operators, Illinois law states, in part:

If the owners of animals do not appear or contact the kennel operator within 30 days after their stated return time, the kennel operator has the right to dispose of the animal.

If custody is litigated, it is possible courts may (or may not) consider these laws as a guide when determining if an animal should be deemed abandoned when left with an individual and not retrieved on time, depending on the facts and circumstances.

It is also a crime to abandon an animal. Illinois law states: “No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure.”

People who believe that their animal is being wrongfully withheld can commence a civil lawsuit to try to get the animal returned, although many more people threaten to sue than sue. The police can also be contacted, although the police do not usually intervene in these matters. If sued or the police inquire. an argument can be made that the dog should be deemed abandoned since the dog’s “parent” left the dog for far longer than the agreed upon time. However, I cannot predict how a court would decide the case. I hope this all works out well for the dog!