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.


Pet Adoption agency requires spaying/neutering on owned pet.

A Pet Adoption agency is trying to force us to spay our 8 year old dog that we own before they will process our application to adopt another dog. How can they force this on us? We feel this could be a risk to our present dog and they said their policy is not about birth control. It is about their own agenda that they are trying to force on other people & pets that are already in good homes? It seems their PERSONAL agenda comes before giving the rescue pet a good home.

By |2024-09-04T16:28:27-04:00July 31st, 2024|

Financial liability for losing a cat while cat sitting.

Hello, Can someone cat sitting be sued by the owner if they cannot locate the pet/if the cat wanders outside by mistake? In this situation, the owner has not chipped the cat nor has him wear a collar. And if so, about how much money could it be for if this cat sitting is free for a few days time? Thank you.

By |2024-09-04T16:14:58-04:00July 25th, 2024|

Animal control took my cats and won’t return them.

I called Animal control because I'm disabled and couldn't get my pets to the vet. The building I live in wouldn't spray for a major flee swarm and my kitties were being eaten alive. Now they say I can't have them back. Please let me know how I can get them back. They are my service cats in training. But more so I miss them so much. I'm so broken đź’”

By |2024-09-04T16:17:30-04:00July 20th, 2024|

Rights to pet after owner’s passing.

My partner passed away and I'm taking care of his dog. He didn't have kids. His parents are going to proceed with probate. Since I'm taking the dog, I'm able to request a pension? Regards

By |2024-09-04T16:05:53-04:00July 18th, 2024|

SPCA is making my neighbor get her dog fixed.

My neighbor’s dog got out when they weren’t home on 4th of July. She was found it seems in someone’s yard just up the street. They posted the dog through the Neighborhood app. My neighbor got home the next day, found the posting, but the dog had already been taken to the pound. My neighbor's son went to get the dog, they are saying the dog needs to be spayed as she was roaming at large. The dog was clearly not aggressive as the neighbor had her on a leash and called her puppers! Is this legal? They’ve kept the dog over the weekend, and I imagine intend to spay her Monday as they said the owners can come get her Tuesday. Is this legal? They don’t want to spay her.

By |2024-09-04T16:02:19-04:00July 12th, 2024|

Son wants gifted dog back after 5 years.

My son gave me my dog, Panda. I have had her for 5 years, and he has had no interest in her ever since, until she got pregnant. Now he wants her back. Do I have to give her back? I won't anyway, but I just wanted to know if I'm going get in trouble. She's mine.

By |2024-09-04T15:58:42-04:00July 10th, 2024|

Do I have a case to get my cat back?

I broke up with my ex in 2020 and left my cat with him due to my next home having a roommate who is allergic to cats and a small shared one bedroom. He agreed to give her back when I moved out. I have a text from him that states “of course you can come get her whenever you want.” I have moved out of that home and now he is refusing to give her back. I have her spay and chip record from 2016 when I rescued her off the street in NYC before I ever met him. I also have other vet records from appointments we’ve had over the years. He has had her for 3 years and about 8 months. Do I have a case? How do I file an action? What is the first step? What type of lawyer am I looking for on this?

By |2024-09-04T14:41:16-04:00June 30th, 2024|

Training/Boarding Facility lost my dog.

I recently went on a trip and left my ESA with a boarding facility. A day below coming home they asked me to call and told me my dog got out through a hole in their fence. She claims to have helped, made reports to animal control, and spoke to ask the neighbors in the area. After I called animal control for any updates they said they have no information of the trainer or the situation with my dog. I also passed out fliers to every neighbor and they ask claim to not know him or about the situation. She has refused to help financially after we were serviced by a K9 search team and is not taking any accountability or providing any compensation. Do I possibly have a case to recover the finances I spent to find my ESA. I am currently trying to recover help from an attorney but have not gotten any response yet.

By |2024-09-04T14:50:49-04:00June 29th, 2024|

Cat sitter threatens to take cat to shelter.

So me and my girlfriend asked a friend of ours to watch our cat while we stayed at my mom’s. Recently we told her that we are getting our own place and we would be able to get her on the first of the month. A week ago she stated that her other cat is getting fixed and that we would need to come get her sooner. We asked if she can wait until the first because we didn’t have anywhere to take the cat to and was threatened to have our cat taken to an animal shelter. What could we do about a situation like this?

By |2024-09-04T15:01:40-04:00June 28th, 2024|

Formerly convicted animal abuser wants “his” dog back.

If my ex has been convicted of animal abuse in Alberta years ago, is he allowed to take over custody of one of our dogs? They are both registered under my name and not his. He rarely ever has walked them, fed them, taken them all of twice to the vet, never plays with them, and doesn't train them. We've also broken up before and he left them with me including this time. But now wants "his" dog. What are my options? Thank you!

By |2024-09-04T15:49:57-04:00June 23rd, 2024|
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