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.

What are my option after emotional support dog gets into a fight at dog park?

I have lived in an apartment complex with Lacy for 3 Years and never had any problems. I keep her on a leash at all times unless we are in the dog park. Occasionally we go there to play fetch and get some needed exercise. When another dog owner asked to join I decline and say give me a minute to leave. This time it was different, she kept insisting her dog was fine and wanted in. Lacy saw an opening in the fence and went after her dog. We got them apart and neither dog was injured or went to a vet even though we offered to pay her vet bill just to make sure. I went to the office just to report the incident and police and animal control were called. I was fined and the next week was told I had 7 days to get rid of my dog and was told I had no other options. I wanted to know if I do have any options?

By |2022-06-14T15:17:11-04:00April 14th, 2022|

Rehomed pup now in shelter.

I rehomed my dog, who i’ve had since she was a puppy, due to changes in housing . I told the woman I gave her to that I would take her back no matter what and to please not hesitate to call if she couldn’t keep her . She had a hard time with her because she was aggressive around food and , instead of telling me, she sent her to a shelter . She knew I wanted her back, but made a decision based on “the safety of my child” despite the fact that she knew nothing of my dogs relationship with my 4 month old . She refused to tell me the name of the shelter , the date she took her in, or anything relating to where she went . I just want my dog back . She’s my family and I trusted she would be ok now she’s alone.

By |2022-06-16T13:57:04-04:00March 10th, 2022|

Custody Time Frame to Keep A Dog

I have been taking care of my daughter's young basset hound puppy since October 21, 2021, he is now about 10 months old. She has been in hospitals for depression, and just recently got out of jail and is on a one year probation, and now says she wants him back because he is her therapy dog. He's never been trained or certified as a therapy dog, and in her past, she has had pets that she's rescued, then dropped off at shelters because she's unable to care for them. She is not a responsible pet owner, What legal recourse and laws do I have in order for me to keep the dog. Thank you.

By |2022-06-16T13:31:29-04:00March 10th, 2022|

Can we take ownership of dog due to abuse?

I would like to know the legal ramifications of taking a family member's dog who is being hit when humping pillows, although the owner refuses to neuter the 2 year old dog., and emotionally abusing him by screaming at him and keeping him isolated from everyone even other dogs. The owner also feeds the dog human foods that give him diarrhea and makes him throw up. We love this dog and would love to offer him a better life. What can I do?

By |2022-03-04T13:44:52-04:00March 4th, 2022|

Neighbor trapping and abandoning my cats.

My neighbor has trapped and abandoned two of my cats. She admitted it to me, but denied same to animal control. What can I do? I have much circumstantial evidence, but animal control says I need proof.

By |2022-03-04T13:46:40-04:00March 4th, 2022|

Dog given to me by ex-boyfriend, now he wants dog back.

I have a bit of a complicated situation. My ex adopted a dog about 4 years ago. We started dating about a year and a half ago. About halfway through the relationship, we decided to part ways and he insisted that I keep the dog as he felt he would “hurt her” and he didn’t want her. I tried to support him and his mental health and insisted that she was his and he continued to try and push me to take the dog and I finally said yes. I brought her to the vet and found out she had gotten Lyme disease (he was not giving her tick or heart worm preventatives) so I treated that as well as her skin issues from allergies. This is all back about 6 months ago and now he is stating he wants the dog back and he was in a bad mental state. What can I do? Do I even have a case if he had the dog for 2 years before I even entered the picture?

By |2022-03-04T13:48:58-04:00March 4th, 2022|

Foster parenting rights

Only a week ago, I verbally agreed to foster a 2 mo old puppy, that is special needs. She blind, and deaf. We have made great strides in her development. Just days after getting her, they contacted me to see if we were going to keep her or if they should put her up for adoption. At first I was very hesitant and unsure what I was going to do. So I said yes they could post her. The next day they had found a home for her with kids. And I decided it wasn't in the puppy's best interest, with her disabilities. Now they say no, I can't keep her. They want to spay her @ 2 months old, and 2 days later ship her off to Virginia. Again at the best interest of the puppy. I said no. Do I as a foster parent have the right to keep her?

By |2022-03-04T13:45:54-04:00March 4th, 2022|

SPCA won’t release the dogs I bought as a gift to my daughter because of my past.

I brought dogs for my daughter and grandchildren, someone dog napped them and the spca rescued them. I have a animal cruelty charge from 3 years ago which isn't my fault but took responsibility. I did my time and paid my fine, spca wouldn't release the animals to my daughter being that I purchased them as a gift to her and her children. What can I do about this matter?

By |2022-06-16T14:00:19-04:00March 1st, 2022|
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