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.

Training/Boarding Facility lost my dog.

I recently went on a trip and left my ESA with a boarding facility. A day below coming home they asked me to call and told me my dog got out through a hole in their fence. She claims to have helped, made reports to animal control, and spoke to ask the neighbors in the area. After I called animal control for any updates they said they have no information of the trainer or the situation with my dog. I also passed out fliers to every neighbor and they ask claim to not know him or about the situation. She has refused to help financially after we were serviced by a K9 search team and is not taking any accountability or providing any compensation. Do I possibly have a case to recover the finances I spent to find my ESA. I am currently trying to recover help from an attorney but have not gotten any response yet.

By |2024-09-04T14:50:49-04:00June 29th, 2024|

Cat sitter threatens to take cat to shelter.

So me and my girlfriend asked a friend of ours to watch our cat while we stayed at my mom’s. Recently we told her that we are getting our own place and we would be able to get her on the first of the month. A week ago she stated that her other cat is getting fixed and that we would need to come get her sooner. We asked if she can wait until the first because we didn’t have anywhere to take the cat to and was threatened to have our cat taken to an animal shelter. What could we do about a situation like this?

By |2024-09-04T15:01:40-04:00June 28th, 2024|

Formerly convicted animal abuser wants “his” dog back.

If my ex has been convicted of animal abuse in Alberta years ago, is he allowed to take over custody of one of our dogs? They are both registered under my name and not his. He rarely ever has walked them, fed them, taken them all of twice to the vet, never plays with them, and doesn't train them. We've also broken up before and he left them with me including this time. But now wants "his" dog. What are my options? Thank you!

By |2024-09-04T15:49:57-04:00June 23rd, 2024|

Fostering in an HOA issue.

The founder of an animal rescue in NC has been approached by the HOA that she can not have more than 2 pets in her condominium. She has been fostering cats in her home for over 2 years with her rescue, and all are there on a temporary basis awaiting medical healing or adoption. This is the first time the HOA has approached her on this issue. Can she negotiate with the condo association for a fostering exception due to her work with animal rescue? Could she approach the HOA proposing negotiating with them special limitations on foster duration, specific animal types? Thank you for any help! This woman has been saving animals for over 50 years. She has a heart of gold, and a huge animal advocate.

By |2024-09-04T15:47:34-04:00June 23rd, 2024|

Pet visitation rights with my ex.

Hello, I was in a domestic partnership for 14 years. We own four dogs together. I left the partnership at the end of 2022. My ex's new girlfriend does not want me over the house to visit the dogs. Do I have any legal rights even though myself and my ex we were not married? Thank you

By |2024-09-04T15:44:46-04:00June 13th, 2024|

My ex stole my dog.

What steps do I need to take to retrieve my puppy back from my ex who won’t give my dog back after I left due to a physical altercation? He physically assaulted me and after I left that day, I returned the next morning to get my things and get my dog and he took my dog and has been keeping him and won’t give him back?!

By |2024-09-04T15:43:44-04:00June 13th, 2024|

Lost dog given up for adoption without notice.

Hello, My neighbors have been harassing my dog and I and one day took her off her chain outside and took her to the shelter. I called around and found her same day but was surprised to find it was going to cost me over $100 to have her returned. I'm recently unemployed and did not have the money on hand so had to wait until my dad had money in his account to give me money to have her returned. I was not aware that there is only a 3 day hold until she was already adopted! About a week later when I had the money to pick her up, the shelter told me she was put up for adoption and I immediately drove to the SPCA who told me she was adopted! I asked for the people's contact information so I could try to explain the situation to them and buy her back, hoping they would have the kindness in their hearts to agree to do so. But the SPCA refused. For some background information, I have severe PTSD and depression and have notes from my psychiatrist and general doctor that she is my service dog. I also paid $2,000 for her and my children are absolutely heartbroken as am I. Is there anything that can be done?? Please help!!

By |2024-09-04T15:42:57-04:00June 7th, 2024|

Dog Ownership Dispute / Veterinary Negligence

My ex-boyfriend and I bought a dog 9 years ago, we split original purchase 50/50. Up until 2/2021 we were splitting the vet costs (a monthly wellness plan). From 2/2021 (when I moved out) - 12/2023 he did not pay towards the wellness plan. I fully paid all charges. We recently broke up and he is now keeping the dog from me (we were splitting visitation weekly). This week while I was out of town for work, he took the dog to same Vet and brought him in as new pet, and he told the Vet to cancel my wellness plan on the dog and my 4/8 appt. Which they did without contacting me even though I was the SOLE name on the account. They proceeded with vet visit. Vet confirmed to me they did not perform all of the routine preventative care since he was paying out of pocket. So he is not providing same level of care. Dog licenses (2 towns) & pet insurance are in my name & I pay them. What are my rights/options here? And what action can I take against Vet?

By |2024-05-20T15:11:37-04:00May 20th, 2024|
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