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.


Is there a legal age that foundation rescues are required to get spayed by?

The shelter I am currently fostering-to-adopt from is telling me that I am not allowed to wait until the dog reaches 6 months to get spayed. They have scheduled a spay appointment for her in a few weeks when she will be 3 1/2 months old. The person I'm in contact with is saying it must be done before 6 months because "that's how the shelter system works" - is there a legal age that foundation rescues are required to get spayed by?

By |2023-06-20T14:51:14-04:00June 20th, 2023|

Can I get reimbursed from ex-wife who sold our dog to breeder?

My ex wife and I bought a dog together in 2014. We divorced in may 2015. She kept the dog because I couldn’t take it to an apartment. She said she would make the payments. 4 years later I get a phone call wanting back payment on this day. My son said she sold it for $3000 to a breeder in California. Can I sue her to get my money back?

By |2023-06-20T10:56:34-04:00June 20th, 2023|

Severe neglect.

A neighbor down the road has a larger dog tied to a tree with about a 2-foot or less strap. The dog can't even stand up, has no water, and is lying in a mud hole. I have contacted animal control, but nothing is being done. What can I do to help this neglected, tortured dog? It can't even stand to pee or poop. It's such a sad situation; the dog looks so sad and has no hope of any kind. It breaks my heart. It's been like this for weeks now, and I walk by every day on my walk.

By |2023-07-17T15:45:49-04:00June 17th, 2023|

Adopting the dog I want.

I submitted an application for a puppy, but they informed me that the individual fostering the puppy believed it required extensive training and care, stating I lacked experience with dogs, which I believe is a lie and discriminatory. They offered me another dog that they claimed was already trained or any other puppy instead, saying they had the right to do so. I'm confused because they never even talked to me or met me in person. I would like to know if this is the right practice, as I feel they simply don't want me to have the puppy.

By |2023-07-17T15:54:39-04:00June 13th, 2023|

Foster family.

What rights do I have as a foster family? I am fostering for a cat and the organization won’t let me adopt the cat. Do I have any rights to this cat?

By |2023-07-17T16:10:23-04:00June 12th, 2023|

Animal cruelty.

What exactly is animal cruelty, and how would I go about getting my dogs returned to me after they were taken, and my mother signed the owner-surrender papers?

By |2023-07-17T16:40:26-04:00June 8th, 2023|

Foster Question.

I have been fostering a dog for nearly a year. I have no contract. She basically left him here after the meet and greet and only came back to take him to 2 vet visits. I have never received any money for food. They refuse to finalize the adoption; I have no idea why. They keep promising they will come here and never do. It is not at all about the money, I just want to get him established with a vet of our own and tie up this loose end. Do we actually own him because of the time that has passed and the fact that we have no written agreement?

By |2023-07-17T16:32:22-04:00June 6th, 2023|

Do I have to give the dog back?

The dog was left with me while the owner went out of town for 2.5 weeks. It's been 7 weeks now, and she wants to come get her. The dog's nails were neglected, and no shots were given, that I know of. I have given my landlord a deposit, had her bathed, ears, and nails done, and had her vaccinations done. Do I have to give her back? She's a lawyer and leaves her sometimes for 12-14 hours. Please help, this baby is my life now, and my whole apartment unit loves her.

By |2023-07-17T15:29:57-04:00June 5th, 2023|

Adoption

I found a stray dog and took it to the pound. They told me that after a week, it will be put up for adoption. Can I legally adopt it after that week, even if I'm the one who turned it in?

By |2023-05-19T13:11:18-04:00April 24th, 2023|
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