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.

Custody of puppies birthed while fostering.

Was fostering a dog to own from a shelter and was going to get her spayed but then found out she was pregnant. Instead of returning her to get spayed and aborting the pups, we decided it was in her best health to let her birth the puppies in our home. We then got the mother spayed, yet the shelter is now claiming ownership of the pups born at our home...saying they are the Shelter's property because the mother was still their property. Do we have any claim to these pups?

By |2023-04-25T12:52:21-04:00January 17th, 2023|

My adopted pet almost died.

My niece adopted a puppy from a foster organization. It seemed unwell from day 1, by day 5 he had stopped eating and had diarrhea. They took him to a vet who had to do emergency surgery at a cost of $2,900. He had a dog toy in his stomach which the vet thinks was inside him when they bought him. Does anyone bear any responsibility for this huge vet bill?

By |2023-04-21T12:40:23-04:00January 13th, 2023|

My neighbor stole my cat and will not give him back.

My cat who is really like our child was stolen by our neighbor one night as I let her out for some fresh air when they grabbed her they told our security guard at our apt that it was cold and they would return her in the morning. It was caught on video when they grabbed her my wife called police who mistakenly told her a cat is not property in CA. What can we do? It has now been a few weeks and we are heartbroken . We can't get help from our landlord or anyone.

By |2023-04-21T13:07:07-04:00January 13th, 2023|

Neighbor is caging my cats.

My neighbor is starting to put out cages to cage my cats and they are putting tuna in them to bait my cats over. Normally my cats stay in my yard and don't go into said neighbors yard but now with the tuna they are. I had to go over to my neighbors house and break my cat out of the cage. Do I need to call someone to get them to stop trying to cage my cats? (no feral cat colonies are in the area)

By |2023-04-25T12:49:38-04:00January 12th, 2023|

Neighbor is caging my cats.

My neighbor is starting to put out cages to cage my cats and they are putting tuna in them to bait my cats over. Normally my cats stay in my yard and don't go into said neighbors yard but now with the tuna they are. I had to go over to my neighbors house and break my cat out of the cage. Do I need to call someone to get them to stop trying to cage my cats? (no feral cat colonies are in the area)

By |2023-04-21T12:29:26-04:00January 12th, 2023|

Not neutered, have texts and paperwork saying he was.

I adopted a kitten from a very negligent shelter several months ago. I was promised multiple times that when they did the double enucleation that he was neutered. I have texts from the person who assisted with surgery that says he was neutered, he IS NOT neutered. What can I do?

By |2023-04-25T13:09:22-04:00January 11th, 2023|

Abandonment.

If I fostered a puppy through my job with no agreement signed between the foster and I then what rights do I have to the puppy? I also put in for an adoption of that puppy and the foster hasn’t contacted me for over two months. I have a text from the owner of my job stating I was approved and would be called with good news but never heard from the lady over the rescue/foster. I have not paid an adoption fee for him yet but also have been talking care of him for the past two months with no help. They had him neutered and most shots were tractor supply, I believe I am going to be leaving this job due to their poor ownership and was wondering if they could take him back from me even though they told me he was mine since I haven’t been able to pay for him because of no contact. I am worried about it.

By |2023-04-25T12:49:29-04:00January 6th, 2023|

Humane Society took my dog when I was not home.

My kids were at my house alone and the Humane Society came there because someone called about my dogs being outside. They have doghouses, food and water, and weren’t out there for along time. When I called to redeem my dogs they told me because no one answered the door I wasn’t allowed to take them back home with me.

By |2023-01-06T17:42:52-04:00January 6th, 2023|

Breeder sold seriously ill puppy.

I purchased a puppy from a breeder in NC on Sunday, 11-13-22. Since having her she hasn’t eaten, she won’t drink and isn’t very active. I took her to the vet today, Wednesday 11-16-22 and was told that she’s infested with round worms and may possibly require surgery to remove them. No vet checks by breeder who self vaccinated and deworming of her animals ( I failed to question this prior to purchase). After informing breeder of these findings she continues to deny any wrong doings and insists that she dewormed all of her animals and they were free of worms.

By |2023-01-06T17:37:40-04:00January 6th, 2023|

Pet Store Misrepresented Breed

Hello. I purchased a “doxie-poo” puppy from a pet store. After researching pet stores, I am disgusted at my mistake. I ran a DNA test on my puppy to determine if he was what they claimed. He is not. I’m wondering if I have any power here in getting some of that purchase refunded.

By |2023-01-06T17:27:53-04:00January 6th, 2023|
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