Question
If my ex takes my dogs to a shelter after stating he will watch them can I sue him for taking them to a shelter without my permission?
Answer
It is generally not lawful for a pet-sitter to surrender an animal without consent from the animal’s “parent.” However, if a person fails to retrieve their animal in a timely manner, the pet-sitter may argue that the animal was abandoned. Sometimes as a defense an ex (or other person) will also claim that the animal was gifted or co-owned. People who believe that their animal was wrongfully surrendered can sue for monetary damages and/or to attempt to get the animal returned, although after an animal is rehomed it becomes much more difficult to get the animal returned. If litigated, the court will consider the evidence and decide. North Carolina has a law regarding abandonment of animals who are boarded and not retrieved but this law is only applicable to animals left with a veterinarian. While not specifically applicable to animals left with individuals, its terms are worth noting as a guide. The North Carolina law states, in part: “Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, which shall be unclaimed by its owner or his agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, to the owner or his agent at his last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as such custodian may deem proper.
If this dog-sitting arrangement has not yet occurred, consider other pet-sitting options.
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