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.

Fostering a dog for unethical rescue.

I found a dog, rescued it and agreed to foster it through them. I took it to their vet who checked health and microchipped I found a home for it and the “board” has determined its not their choice for a home for unreasonable reason. None of these so called board members have even met the dog. I rescued it, paid grooming, advertised on social media. I shuttled dog to their vet, paid for food for 3 weeks. They are refusing to let dog be adopted due to their power and control issues. When I took it to their vet they had it microchipped with out me knowing. If they won’t approve adoption due to a fence not being high enough, but already approved me as a foster can I just say I’ve decided to adopt it?

By |2023-04-25T12:47:44-04:00January 3rd, 2023|

Can she take cat back?

My sister could no longer care for her cat. She asked me to keep her. It’s been 2 and half years and she wants the cat back. The cat is our family and she never come to see her or visit other than holiday functions. Can she legally take the cat back?

By |2023-04-25T13:00:22-04:00January 3rd, 2023|

Previous owner filed a lawsuit to get the dog we adopted back.

My husband and I adopted a dog back in September. This weekend we were served with papers. The previous owner is suing to reclaim the dog or collect money from us. She claims the rescue was only to hold the dogs temporarily while she had surgery. She wanted the dogs back after two weeks. The rescue had our dog for multiple months before we even adopted him. She is also trying to claim that her signature was a forgery. She had another small dog she surrendered at the same time as our dog, and she has filed the same lawsuit against the owner of that dog as well. I'm terrified we are going to lose our little guy.

By |2023-04-25T12:46:31-04:00December 31st, 2022|

Do I keep the dog?

My ex adopted a dog but when we broke up he told me to keep the dog this was in May of 2022 and he's been registered as my emotional support dog. He just sent a cop to take him back but I refused. Can he take my dog?

By |2023-04-25T12:54:49-04:00December 30th, 2022|

Violent ex is holding my ESA animal hostage and refuses to give him back to me.

I have a registered ESA animal (cat) that my ex-boyfriend is threatening to hide and keep. I had to leave for spine surgery and have been on disability for the past 4 months recovering. I have been unable to retrieve my cat because of this AND due to him being the perpetrator of domestic abuse. I contacted the police station and domestic abuse center (both local and hotline) and have been advised to find out what my rights are. I have had this cat since 2019, he is microchipped under my name (I have vet records as well) and only moved in with my unstable and abusive ex in 2021. I would really appreciate some advice as to how to proceed/understand my rights.

By |2023-01-09T17:41:27-04:00November 30th, 2022|

Am I legally responsible for dog park attack?

I was at a local dog park with my large breed dog when she first started playing with and then attacked another dog. She has never acted like that before and I believe it was due to the fact that it was a small breed dog that nipped at her which caused reaction. I was on the correct side with the large dogs and they had their small dog that side when there's a designated small breed play area. We have been to the dog park numerous times and she plays very well with other large breed dogs. At home our neighbor has 2 small breed dogs that growl and provoke her through our privacy fence, so I don't know if that is anything to do with why she reacted that way. Being that it was a dog park and that they were in the wrong pet size designated area do I have anything to worry about legally?

By |2023-01-09T17:32:33-04:00November 30th, 2022|

Can I be sued if I rehome my dog?

The contract I signed says I can't rehome the dog I adopted. On top of adoption fees I have spent hundreds of dollars getting up to date on everything including nurturing. I feel she is mine and if things aren't working out 3 months later I should be able to find a perfect home. Can they sue me? If so, sue me for what? For what I paid for her?

By |2023-01-10T10:29:32-04:00November 30th, 2022|

NYC shelter forcing me to neuter my dog.

My dog wandered off from my backyard and was taken to an animal shelter. They are telling me that if I don't agree to neuter him right then and there, they will not release him to my custody because it is the law. I do not want my dog neutered now, I would neuter him in the future. I have read many articles about male dogs becoming more aggressive after being neutered and I don't want that. Can anything be done?

By |2023-01-10T10:21:21-04:00November 30th, 2022|

Need help

My brother and his ex have been dating on and off for almost a year, and he wants his dog. His dog is registered to him and he has is the adoption paperwork, but she's been paying for all the dogs vet bills because the dog lives with her, but he’s trying to get custody. I was just wondering if there’s a chance to prove he’s the owner of his dog.

By |2023-01-10T10:14:37-04:00November 30th, 2022|
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