What are my rights to keep dog I’ve been fostering?

////What are my rights to keep dog I’ve been fostering?

Question

Fostering a dog for a rescue, I never signed a contract or foster application. They are demanding dog back, been with me 2.5 months. Dog taken from shelter under rescue name, but I never signed anything. What are my rights? Do I have to give her back? Rescue never contacted me until Thursday, dog not fixed, month behind in heartworm prevention. But they say I am unfit. Need help!! Scared for the dog! She is loved!! I need to know my rights. They don't even have my address. Threatening me with the police.

Answer

Typically an animal's foster care 'parent,' as compared to an adopter, does not 'own' the fostered animal. Usually a foster care agreement will contain provisions regarding the rights and responsibilities of the parties, including, for example, who is responsible for providing the animal with necessary veterinary care. It is unclear why the rescue suddenly believes you are unfit, unless its understanding was that you, not the rescue, were responsible for getting the dog spayed or neutered and giving the dog heartworm medicine. It is unclear why a rescue would give possession to a foster care �parent� without having a correct address or following up on the dog�s care for more than two months. It is difficult to say if the police will get involved. They typically will not if they believe there is just a pet custody dispute, but they might if they are convinced an animal was stolen. Sometimes individuals and organizations commence civil lawsuits for the return of an animal that they believe is being wrongfully withheld. How a court decides who �owns� an animal depends on the evidence presented (such as, was the animal only fostered and not adopted, did the rescue abandon the animal, is the animal being neglected or otherwise mistreated). I hope the dog is doing well.< /p>

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question

By |2017-06-23T20:53:06+00:00November 14th, 2016|