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Pet Legal Q&A

///Pet Legal Q&A

Elinor D. Molbegott, is an attorney who maintains a law practice devoted to animal law. Elinor donates her time to answer questions from North Shore Animal League America supporters who would like to learn more about animal law.

Animal Protective League threatened to take my dogs.

The Animal Protective League officer called me and told me my dogs should be outside in the heat because I have a big fenced in yard with plenty of shaded areas. She told me that if I didn’t answer my phone, she would have to take my dogs away. Did she have a right to do that without a warrant?

By |2019-07-23T15:47:37+00:00July 23rd, 2019|

My neighbor keeps taking my dog home.

My mom is watching my dog and has been occupied with having a family issue and needs to be 3 hours away. I am leaving family friends to watch my German Shepard husky mix. He is known for running through the electric fence if not watched, and he will run to the end of the neighborhood and then come back within 15 minutes. One of the people that lives at the end of the road keeps bringing him in her home and not calling us to come get him, and then will release him hours later. We have all talked to the lady about not brining him inside, and she constantly does it. Is there anyway I can keep her from doing this even though I live in a different country and can't get home myself to fix the issue?

By |2019-07-23T15:44:09+00:00July 23rd, 2019|

An adopter returned a dog to our rescue.

A family adopted a dog as a puppy from our organization. Three years later, the dog and the other dog in their house are having issues and fighting regularly. The adopter contacted the rescue to take the dog back or they will have to euthanize. We (the rescue) of course took him back. He was dropped off at our vet by the adopter. Then over a week later, the family decided they wanted the dog back. Due to safety and fear of another altercation, the rescue has refused to return dog. Does the adopter have rights to him still?

By |2019-07-23T15:41:25+00:00July 23rd, 2019|

How do I go about the adoption process?

There is a lady who lived near me and knew my cousin. She had a ton of dogs and decided to give some away. She gave a dog to my cousin, but after a short amount of time he no longer wanted the dog, and ended up giving the dog to my mother and our family. We've had the dog for about a year, and I wanted to get him his vaccinations and have him cleaned, but I can't because I don't have legal adoption papers. Is there any way that I can adopt him legally, and if so, how would I go about the adoption process. I don't want them to take my dog away. He means the world to me.

By |2019-07-23T15:36:23+00:00July 23rd, 2019|

Does the rescue have to return the dog to the woman?

I volunteer for a dog rescue. A woman adopted one of the dogs, decided it wasn’t a good fit, and returned it. Two weeks later, she demanded that the rescue give the dog back. Does the rescue have to return the dog? She said she was “not a good fit” for her family? She is harassing us daily, has hired a lawyer, and is now threatening to send the police to the foster hole where the dog is located.

By |2019-07-23T15:26:18+00:00July 23rd, 2019|

Original owner wants the dog that he surrendered.

Last week, we found a 16 week old puppy with health issues. We called the number on his collar, and the person stated that he did not want him anymore. The dog is registered in our household now, and has visited our vet already. Recently, the original owner said he regrets that he gave him away, and he is demanding that we give him back. Is there any legal action he can take to actually take him back? Can we fight it?

By |2019-07-23T15:20:27+00:00July 23rd, 2019|

I sold my Golden Retriever puppy and want it back.

I fell for a sob story of a single mother trying to fulfill the dream of her son owning a Golden Retriever puppy. I had bred my Golden girl and she contacted me about buying a puppy. We agreed on a payment plan because she couldn’t pay total up front. She has never met any deadline set, nor has she paid any amount after taking the puppy. I filed a civil suit where the judge awarded me the amount she owes plus fees. I don’t want the money, I want my puppy back, but the judge said he cannot order an injunction. She has tried to sell the puppy on Facebook, and now is looking for another place to live because she has to move.

By |2019-07-23T15:14:14+00:00July 23rd, 2019|

My ex husband is suing for the cost of our puppy.

My ex husband and I briefly got back together. While we were at the mall, I saw him in the pet store. He got a puppy that he knew I would want. I always wanted this breed. He got the dog in his name and vet in his name. We broke up less than a month later. I offered to take the dog and payments via text, but he never gave me the dog or drew up a agreement. Now two months later, he is taking me to small claims court for the cost of the dog.

By |2019-07-23T15:07:19+00:00July 23rd, 2019|

I had three dogs taken from me while I was not home.

What can I do when a humane society knows that I am the legal owner of three dogs, but did not hold them for a reasonable time or try to contact me that the dogs are in their care. They told me they didn't know who the owner was, and they clearly did know because I have been there before, and also gave them shots which they had record of. The records show who the owner is and how to get in touch with me.

By |2019-07-23T15:03:10+00:00July 23rd, 2019|

My neighbor is neglecting her pet.

I helped my neighbor adopt a dog from the local shelter. The help I provided was by accompanying her with the adoption process. She had initially asked for my help because of my relationship with the rescues. Although I hardly knew her, she appeared to have taken good care of her past pets. She has had the dog not a week yet, but is neglecting him. She does not feed him regularly and is not attending to his UTI. She also has very condemnable living conditions. I did not see or know this until after the adoption. I have offered my advice several times on how to care for the dog. I have also given her supplies such as food, bedding, treats, harness, leash, etc.. As I am discovering the neglect, I also offered to take the dog back to shelter. She is now refuses/ignores my support. The dog is not getting basic needs met and does not have decent living conditions. What recourse do I have now to get the dog help?

By |2019-07-23T14:54:25+00:00July 23rd, 2019|