Question

I got a free dog from a friend because she was homeless. Now she thinks that she might potentially have a home and is considering taking the dog back. I want to know if after 7 days, regardless of if she has done documentation on the dog originally being hers, can she take it back?

Answer

People who give their animal away generally have no further rights to that animal. However, sometimes disputing parties disagree about whether an animal was re-homed or just being temporarily fostered. It can be helpful to have on hand proof of the agreement (even texts and emails) in the event a lawsuit is commenced for the return of the animal or the police are contacted (although the police do not usually get involved in pet custody disputes). While proof of purchase/adoption and license and microchip registration are compelling indicia of ownership, courts will consider evidence about what transpired after, such as whether the animal was gifted, sold, or abandoned. I hope that you and your “friend” can work out a custody/visitation arrangement that is in the best interests of this dog!

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question