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.


How can I get back a cat I surrendered if he was adopted?

I have surrendered my cat because I thought I was moving away to a different state, and I couldn't drive 20 hours or more with him in the car. Later, something changed and I didn't have to move anymore, and my son wants the kitty back because he misses him so much. He feels sad every week from not having his cat. I contacted the place where I surrendered my cat and they told me he was adopted and they won't let us see him. How can I get my cat back if he was adopted?

By |2021-06-02T11:52:55+00:00June 2nd, 2021|

Breeder gave my puppy to someone else.

I decided to buy a puppy from a breeder in TX. I drove 6 hours to choose the puppy and paid my deposit. Breeder regularly sent me pics of her, and when the pups were ready to leave I drove down to get her, but found out that he accidentally gave her to another family. Says he can't get her back. I'm a wreck. What are my options?

By |2021-06-02T11:45:58+00:00June 2nd, 2021|

What rights do I have against seller who misrepresented dog breed?

I bought puppy which seller said was a cavapoo (poodle/cavalier mix) but after having it for a few weeks and seeing it mature, the physical appearance looks like a cocker spaniel which is a different breed. I also ordered an embark dog DNA test and the results show it's a cocker spaniel without any poodle or cavalier in it's DNA genetics. I brought this to the sellers attention but they won't take the dog back or give refund. Seller does not have the mother dog nor will provide videos to prove the mother and puppy together. All seller gave as proof was vet puppy examination paper which I told the breeder the vet will put whatever breed you tell them the puppy is, they have no special way to determine the breed either. What remedies do I have legally?

By |2021-06-02T11:23:39+00:00June 2nd, 2021|

Negligence

Can I get a lawyer if there was a negligence made by her vet?

By |2021-05-10T09:39:07+00:00May 10th, 2021|

Unauthorized Neutering

My girlfriend's dog was taken to the pound after she was assualted in my apartment. She is from NY and they neutered her dog without consent even though we showed all paperwork to the Officer and they said they wouldn't. He is an expensive do and was planned on being bred. What can we do legally?

By |2021-05-10T09:34:34+00:00May 10th, 2021|

Custody after breakup for non-married couple.

My ex left me abruptly without notice and took her things and the dogs (2) while I was at work. We adopted them together but they are in my name (I paid all the fees). I have paid for most of the vet bills, food and a portion of dog walking fees. She paid for the dog walker for the past 6-8 months because she wanted to use someone else. We lived in SF and she moved them to San Diego. I would have been willing to amicably agree to 50/50 joint custody but was not given the chance. She has blocked my calls and does not respond to email. I am not sure how to proceed.

By |2021-05-10T12:20:59+00:00May 10th, 2021|

Failure to Comply with Adoption Contract

I am the director of a 501c3 animal rescue. We have an adopter that is failing to comply with our spay/neuter agreement within our adoption contract that was signed at the time of adoption. They have been avoiding all methods of contact for over 60 days. I’m hoping to find out what the best avenue to hopefully gain compliance would be? While our contract states failure to comply is grounds for removal of the animal from their home, we’d really prefer not to go to that extreme.

By |2021-06-02T15:52:08+00:00April 20th, 2021|