Pet Legal Q&A

a woman and a dog

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.

Previous owner trying to take back dog.

We recently had an issue where our neighbor claimed to be bit by our dog resulting in a 10-day quarantine. We rescued this dog 4 years ago from a girl who gave him up- we have texts and documentation of this. However, he is microchipped, and she never wanted to or would sign over the microchip information to us. Fast forward, she was contacted of the quarantine and wants to take him back from the shelter after 4 years. They are saying she's the owner due to the microchip. How can we fight this? We have been with him for 4 years, have taken care of him, and helped him in so many ways. He is our family and now she is trying to come in and take him again. Can she do this? Do we have a case?

By |2024-12-10T12:01:05-04:00November 19th, 2024|

My ESA is being wrongfully held from me.

I have an ESA. I got her while I was living with my ex. I got her after my best friend died because I went into a severe depression. My abusive ex took me to a small claims court where he knew the judge and the judge made me give him the dog. I need this dog back; I have tried multiple avenues to get her back, and I keep getting told there’s nothing I can do.

By |2024-12-10T11:51:17-04:00November 19th, 2024|

The cat ate the dog’s medication while I was pet-sitting.

I was pet sitting this weekend and the cat may have eaten the dog's medication that I briefly left on the counter. It is also possible that the dog ate it. It was 75mg Carprofen. The owner said to not take the cat to the vet, so I gave her 3% hydrogen peroxide to induce vomiting. When the cat did not vomit, I took her to the vet. The cat was forced to vomit and had elevated kidney levels. Now the owner wants me to pay ongoing medical bills for a 16-year-old cat. I feel horrible for the cat, but future medical bills can run into the hundreds of thousands of dollars. Am I liable for all bills? They could admit the cat to the vet for months at $2,000 a night. What do I do?

By |2024-12-11T16:33:42-04:00November 14th, 2024|

Initiating a civil suit for ownership of abused cat I had adopted for someone.

End of Sept 2024 I signed adoption paperwork on behalf of my daughter's friend because she was underage & unable to legally adopt the cat with the understanding that she would take care of him properly & if she couldn't I would take ownership of the cat or return him to the humane society. We discussed transfer of ownership when she became of age if she could properly take care of him. Recently I have come to find that she has been abusive: throwing him in the air, shaking him, dragging him across the floor or outside when he refuses to walk, shoving his head into cat nip to try to force him to eat it when he doesn't want it, shoving him into the tub & holding him down after he jumped from the tub during a bath, locking him in a closet, using him as a puppet causing popping in his legs. She took in a stray prior to that & waited months to finally take her in for an eye infection & her apartment is always a mess with trash & food everywhere. She was already informed prior that I planned on taking him back if things didn't change. When things didn't, within a week I informed her I'd be picking him up & called the cops but was advised it was a civil matter since she refuses to return him believing she is a co-owner, but she is not on the paperwork at all as I am the legal owner. How do I go about initiating a civil suit for the return of the cat I adopted?

By |2024-12-10T11:29:16-04:00November 10th, 2024|

Can I request the name of the person who took my cat to a shelter?

My cat was taken from my neighborhood and driven two states away to a shelter. The person wanted to adopt the cat after the waiting period. Luckily my cat has a microchip. Can I legally request the name of the person who dropped off my cat? I want to know who took her from us.

By |2024-12-10T11:12:42-04:00November 10th, 2024|

Adopting after a pet surrender.

My mother surrendered a dog 10 years ago. She became homeless and had no choice. Today, she is stable and needs a companion. She was approved initially but was denied due to this surrender 10 years ago. Is there a law that can help her adopt without citing a surrender from so long ago?

By |2024-12-10T10:57:30-04:00November 6th, 2024|

How to proceed after an adoption scam?

What paperwork is needed for an adoption of a puppy? At first it says free and then they said they want to get a gift card with money on it and they want the codes on them. I don't know why these people are asking for gift cards. How can I legally proceed because I've already been scammed?

By |2024-12-10T10:44:42-04:00November 6th, 2024|

My dog killed another dog.

Do I have to euthanize my dog if he killed another dog? I’ve offered to pay what the dog was worth and cremation. They are wanting that plus to euthanize.

By |2024-11-22T16:26:01-04:00November 1st, 2024|

My ex is trying to take our dog back so she can euthanize her.

My ex acquired the dog is a puppy. She was already 5 when she came into my life. Around September of 2022, the ex asked me to take the dog, saying she’s better off with me. She offered to provide for food and vet expenses. I never asked my ex for any reimbursement and the dog food. The dog had just been put on a specialized kidney diet, which is rather expensive when you compare it to other dog food and requires a prescription. Now the dog is 16 with kidney disease but responding really well to treatment. She began having some health issues in September of this year and my ex is demanding the dog be euthanized. After having given her to me to care for she is now asking to take her so she can have her put down. I’m refusing to hand her over for this reason as well as the fact she is better off with me. Do I have a case?

By |2024-11-22T16:29:48-04:00November 1st, 2024|
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