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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.

Animal control taking dog.

Animal control received a complaint about a dog that is under my watch but the real owner(landlord) doesn't live with with us. Animal control gave me 24 hours to have her taken to vet and have paperwork results sent to them or they will take the dog and charge me with neglect or abuse. Is that legal? And what can I do to keep the dog?

By |2023-04-24T12:30:43-04:00February 27th, 2023|

Rescue wants my foster dog back.

I have been fostering an abused dog for about 1 1/2 years. The rescue tried twice to place the dog in a new home. Both attempts failed and the dog was returned to my care I have 2 other foster dogs. After no attempt to contact me after I asked them to adopt the dog they now come saying that they will take the dog back. She has finally adapted to the home and allows me to hold her and lies down with me. She loves the other dogs. Do I have any recourse to say that they abandoned her. After 1.5 years the dog is happy. She will suffer greatly being yanked from her home and people. What can I do? Yes I did sign an agreement.

By |2023-04-24T12:35:12-04:00February 27th, 2023|

Fostered for 8 months.

I have been fostering 2 dogs for 9 months, I had to reach out and ask to get them re-fostered because it was just too much with 4 dogs. After giving one back we noticed we could handle 3 just ok so I asked to adopt the one left with me. The rescue refused and said it was promised as a foster to another person. I took care of these dogs for 9 months and offered to adopt, is there anything I can legally do? The organization also failed to provide any supplies during the entire time and they have been difficult to work with.

By |2023-02-27T12:46:24-04:00February 27th, 2023|

Can I get my dog back?

I live in the US and was planning to go back to Scotland when I got ill with pneumonia, I rehomed my dog. Nothing was signed and no money exchanged. Can I get my dog back? I’m staying in the US.

By |2023-02-27T11:30:26-04:00February 27th, 2023|

Stolen dog was adopted out by rescue.

Story is the owner ran into hard times and had a “friend” take care of her 4 dogs till she was on her feet to take them back. She was sending the caregiver funds to take care of her dogs. She was then informed by another friend that they saw one of her dogs on a dog rescue site up for adoption. She contacted the rescue and they stated he was already adopted out. They claimed they contacted the owner and waited a month to adopt him out. Also a claim that they contacted the adopter and they declined to give the dog back. What can the original owner do in this situation?

By |2023-04-24T14:10:28-04:00February 26th, 2023|

Take Dog Back.

So I bought a dog back in July and I didn't pay for her in full. I told the people I got her from I would pay for the rest of her by the end of the month, but then I became homeless, and then got another house. I just didn't have the funds to pay for her right away and I informed the breeder every step of the way and they said ok. Then after 8 months of me having her they said I owed WAYY more money then I originally did for the late fee charges. BUT I never signed a contract, and I asked the breeders to write one up but they never did, and so because I didn't receive a contract stating that if I didn't pay her off by a certain date there would be late fee charges. I told her I wasn't paying late fee charges so now they are taking me to court for the rest of the money I owe on the dog PLUS late fee charges AND they want her back. NONE of us signed a contract agreeing to anything, so I'm just curious if she can really get the dog back and make me pay late fee charges, or if I will just have to pay off what I originally owed on the dog and be on my way.

By |2023-04-24T14:48:54-04:00February 25th, 2023|

Can a stranger spay or neuter your lost cat without consent?

My mom is sick so I took on her fur baby until her health improved. My daughter left the door open when she left for school and the animals got out. My dogs are always out for walks so our neighbors know them but the cat is always inside. He was lost in the for weeks. I made a report with the police and today they said they found him. The person who found them requesting I paid for vet fees. I was confused because why did you bring him to the vet? My assumption was that he was hurting. She states “She feels he needed to be fixed”. One it’s not my animal it’s my moms, secondly if I find anything that’s lost I report it to the police and let them make the call. How does a person make that call without consent? That’s insane and my mom is so upset because she didn’t want him to go through the pain and to change in his behavior. What legal actions can be taken?

By |2023-04-24T14:43:38-04:00February 15th, 2023|

Ownership.

My father recently passed away and someone gave him a dog. It's been 3 months since he moved in with me. After he died the old owner wants her back. Can I get in trouble if I refuse to give her back?

By |2023-04-24T14:47:53-04:00February 13th, 2023|

Mini provided.

We recently bought an Australian Shepard from a breeder under the impression that she would be a standard. Upon a DNA test, the results came back that our dog is a mini Australian shepherd. Do we have any potential courses of action? We will absolutely not give the dog back or away.

By |2023-04-24T14:40:37-04:00February 13th, 2023|
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