Question
I am involved in a dispute over a verbal agreement concerning a dog that I gave to someone and now want back. He is now saying that he would rather surrender her to a shelter than return her to me. Can I file a police report to request a welfare check on the dog, or can I legally show up at his residence to try to get her back?
Answer
People who rehome an animal generally have no further rights to that animal unless there was an agreement stating otherwise. The decision to rehome an animal should be carefully considered. Regrets do not equal rights! Also, the person with whom an animal is rehomed (the animal’s new “parent”) typically has the right to rehome the animal yet again unless there was an agreement stating otherwise.
People who believe that their animal was stolen and/or being wrongfully withheld can attempt to file a police report. However, the police do not usually get involved in animal custody disputes. A civil lawsuit to try to get an animal returned can also be commenced, such as a replevin action.
If a person suspects that an animal is being mistreated, the police, sheriff, and other entities that enforce animal cruelty/neglect laws should be contacted. In some New York counties, SPCAs (societies for the prevention of cruelty to animals) also enforce laws pertaining to crimes against animals, such as cruelty/neglect. It may be helpful to contact animal control officers too.
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