Question
An interested adoptive family, having 2 dogs and 1 cat, and I agreed through email correspondence that a 1-week trial period would take place to see if their home would be a good fit for the kitten and the family. During this trial, one of their dogs was introduced to the kitten, and I was told it thought the kitten was a snack. As a result, the kitten was and will be kept in the 10-year-old son's bedroom until the cat is larger, and their dog doesn't view it as prey. After learning about this situation, I decided that I did not want the kitten to remain in a room until their dog's behavior changed. This was not what I wanted for the kitten, so I made the decision to pick up the kitten due to the home not meeting my wishes for the kitten's safety. This family has had the kitten for 72 hours, and I reminded them of the 1-week trial period to see how it goes with their other animals. However, they claimed not to recall the trial period. I expressed my concerns about the situation and my desire to pick up the kitten the next day. In response, I was told not to call again or come to their house, and they hung up on me. I then sent an email forwarding the prior written correspondence of my request for a 1-week trial period and her response that her husband and son agreed as well. I'm worried about the kitten's safety and want it surrendered. I was seeking help through Animal Control Services of San Antonio to find an adopter, and this is how I came in contact with this family. I had the kitten in my home instead of surrendering it to ACS to be placed in a cage until adopted. ACS shared the interested adopter's contact info, and I contacted them independently, setting up a meet & greet and then agreeing on the trial period before the meet & greet. What recourse can I take to have this family surrender my kitten back? I feel the kitten could be at risk of danger and want it to be returned to me.
Answer
People who believe that their animal is being wrongfully withheld can contact the police, although the police do not usually intervene in pet custody disputes, and can commence a civil lawsuit, such as a replevin action, to try to get the animal returned. Trial periods are usually to give the adopter an opportunity to see how things are working out, not for the purpose of giving the person who surrendered an animal the right to change his/her mind. If litigated, the court will determine rights after considering the evidence, including, but not limited to, the agreement regarding the trial period. Consider that keeping a newly adopted kitten separated from dogs in a household while figuring out the safest way to introduce the kitten to the dogs may be a prudent way to proceed. I hope this all works out well for the kitten!
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