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.

Foster organization won’t respond to adoption inquiries.

Hello, I have been fostering a 1-year-old dog for the last 2.5 months and about 3 weeks ago I told the foster organization I wanted to adopt her. I was told that they would get back to me and then I didn’t hear anything. Now, 3 weeks later I have reached out to the organization's leaders in multiple ways via text, private Facebook group post, email, and Facebook message. I have received responses to other questions I’ve asked but when I ask about finalizing the adoption nobody responds. I was told a couple months ago by one of the organizers that I am “welcome to adopt her”. At the time I was not ready to adopt because she was having a lot of anxiety and behavioral struggles. Since then, she has gotten better, and I feel that I can safely adopt her. But now nobody will respond to me. I am worried they are going to try to tell me I cannot adopt her for some reason. The only reason I can think of is that she’s been a very high maintenance dog, and I’ve expressed that she really needs training. Is there legal action they can take to prevent me from adopting the dog? Wouldn’t it be considered discriminatory if there’s no evidence against me? Help!

By |2025-01-21T12:02:37-04:00December 18th, 2024|

Abused dog trembles before returning to meth using owner.

What can I do if the dog I watch is exposed to large amounts of meth and trembles when the owner comes to pick him up? It is proved that this individual has lied to their child and continues to engage in behaviors that expose and endanger the animal.

By |2025-01-21T11:59:23-04:00December 12th, 2024|

Can Animal Control be let into an Apartment by Maintenance without a warrant?

My neighbors called Animal Control because one of my dogs was barking a lot. Is it legal for maintenance to let Animal Control into my apartment without contacting me? And can Animal Control take my dogs without a warrant and without contacting me to talk to me about these alleged accusations? My neighbors called and also told Animal Control I was gone for weeks and no one came to care for my dogs which is not true. Is that a reason for Animal Control to be able to be let into my apartment by maintenance without a warrant?

By |2025-01-21T11:47:51-04:00December 12th, 2024|

Dog was abandoned at my fire station, now the family wants her back.

I work as a firefighter in the twin cities. Last Wednesday, we arrived to work in the morning and had a dog tied to a light pole outside the fire station. It was accompanied with some of her belongings and a note stating why she was left there. I took her home and the CSO working that day was aware. 5 days later, he said he contacted the previous owners, and they now want her back. They claim that a friend that was watching her did this and not them. Now they wish to have her back. Do we now have custody or is she still theirs?

By |2025-01-21T11:44:26-04:00December 5th, 2024|

What rights do I have as a foster parent?

A girl that I was friends with found six kittens behind a dumpster. Because I have an extra bedroom that is not being occupied, she asked me if I would take the kittens overnight. I agreed. Overnight turned into two nights and then 2 weeks and then 2 months and I have now had these kittens for almost 4 months. About 2 months into having these kittens my friend got a rescue group involved so the kittens could get vaccinated and spayed and neutered. I have never signed anything with this rescue group and now they are trying to take the kittens from me to adopt them out. I have become attached to the kittens since I've had them for 4 months and I am unwilling to give them up. They want to take legal action against me because I won't hand over the kittens. I just want to know what rights I have as someone who took these kittens in and now being threatened with legal action if I don't hand them over.

By |2025-01-21T11:38:04-04:00December 4th, 2024|

Action to be taken regarding unauthorized neutering.

We lost our Manx male intact cat a while back. We were going to breed him because he was a very special cat! Someone found our cat and took it to the Humane Society, and had it neutered without scanning for the chip that was in his neck. They also clipped his left ear tip off during the neutering. They then released him back out onto the street. Then someone else found him and took him in. After a couple of months, they took him to the vet and had him serviced but the Vet did scan him, and we were notified that our cat was found! But the vet gave him back to the person and we had to make arrangements to get him. We now have him back, but we can no longer breed him!!

By |2024-12-10T16:07:14-04:00November 26th, 2024|

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|
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