Do Previous Owners Have Rights to a Microchipped Cat That Was Relinquished to a Rescue?

Question

My rescue took in four cats from a homeless family living in a car. The cats were in bad shape. One of those cats was microchipped. We tracked the chip back to the vet who implanted it. The vet notified us that the chip was registered to a completely different family than the one who relinquished the cats, so the family the cat was chipped to was notified.

The husband (the previous owner of the cat) stated that his ex-wife kept the cat after their divorce, and when she fell on hard times, she gave the cat away. The husband is now stating that their daughter would like the cat back. We are not able to transfer the chip to our rescue unless the husband agrees to the transfer.

In this case, does the original family still have legal rights to this microchipped cat?

Answer

While a microchip can often be an animal’s ticket home, it does not always prove “parenthood.” I cannot predict the outcome of any particular case (for example, the ex-husband/father sues to get the cat returned), but given that the ex-husband/father acknowledged that his ex-wife had custody after their divorce and then gave the cat away (not to him), it would likely be difficult for him to prove he still has rights to this cat.

If he is now a suitable adopter, that may resolve the dispute and provide a homeless cat with a home. I hope this works out well for all of the cats!