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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.

Fostering in an HOA issue.

The founder of an animal rescue in NC has been approached by the HOA that she can not have more than 2 pets in her condominium. She has been fostering cats in her home for over 2 years with her rescue, and all are there on a temporary basis awaiting medical healing or adoption. This is the first time the HOA has approached her on this issue. Can she negotiate with the condo association for a fostering exception due to her work with animal rescue? Could she approach the HOA proposing negotiating with them special limitations on foster duration, specific animal types? Thank you for any help! This woman has been saving animals for over 50 years. She has a heart of gold, and a huge animal advocate.

By |2024-09-04T15:47:34-04:00June 23rd, 2024|

Pet visitation rights with my ex.

Hello, I was in a domestic partnership for 14 years. We own four dogs together. I left the partnership at the end of 2022. My ex's new girlfriend does not want me over the house to visit the dogs. Do I have any legal rights even though myself and my ex we were not married? Thank you

By |2024-09-04T15:44:46-04:00June 13th, 2024|

My ex stole my dog.

What steps do I need to take to retrieve my puppy back from my ex who won’t give my dog back after I left due to a physical altercation? He physically assaulted me and after I left that day, I returned the next morning to get my things and get my dog and he took my dog and has been keeping him and won’t give him back?!

By |2024-09-04T15:43:44-04:00June 13th, 2024|

Lost dog given up for adoption without notice.

Hello, My neighbors have been harassing my dog and I and one day took her off her chain outside and took her to the shelter. I called around and found her same day but was surprised to find it was going to cost me over $100 to have her returned. I'm recently unemployed and did not have the money on hand so had to wait until my dad had money in his account to give me money to have her returned. I was not aware that there is only a 3 day hold until she was already adopted! About a week later when I had the money to pick her up, the shelter told me she was put up for adoption and I immediately drove to the SPCA who told me she was adopted! I asked for the people's contact information so I could try to explain the situation to them and buy her back, hoping they would have the kindness in their hearts to agree to do so. But the SPCA refused. For some background information, I have severe PTSD and depression and have notes from my psychiatrist and general doctor that she is my service dog. I also paid $2,000 for her and my children are absolutely heartbroken as am I. Is there anything that can be done?? Please help!!

By |2024-09-04T15:42:57-04:00June 7th, 2024|

Dog Ownership Dispute / Veterinary Negligence

My ex-boyfriend and I bought a dog 9 years ago, we split original purchase 50/50. Up until 2/2021 we were splitting the vet costs (a monthly wellness plan). From 2/2021 (when I moved out) - 12/2023 he did not pay towards the wellness plan. I fully paid all charges. We recently broke up and he is now keeping the dog from me (we were splitting visitation weekly). This week while I was out of town for work, he took the dog to same Vet and brought him in as new pet, and he told the Vet to cancel my wellness plan on the dog and my 4/8 appt. Which they did without contacting me even though I was the SOLE name on the account. They proceeded with vet visit. Vet confirmed to me they did not perform all of the routine preventative care since he was paying out of pocket. So he is not providing same level of care. Dog licenses (2 towns) & pet insurance are in my name & I pay them. What are my rights/options here? And what action can I take against Vet?

By |2024-05-20T15:11:37-04:00May 20th, 2024|

Neighbor’s Pit Bull mauled my dog.

My neighbor's pit bull came into my yard and mauled my dog, Junior. My pet did not survive the attack. I am dealing with an adjuster from their homeowners insurance. What are my expectations? It costs $1000 to purchase another Dachshund. The local animal shelter rarely gets Dachshund's. Is this a reasonable expectation?

By |2024-08-09T10:25:25-04:00May 12th, 2024|

Who is entitled to puppy born to dog mother gave away?

My mother gave my kids a dog that she could not handle at her place or residence outside the province of Ontario. She gave the dog away stating to the kids that Nikki (the female dog) was theirs. We (my boyfriend, kids and I) own a male dog before being handed Nikki. Anyways our male (Zeus) impregnated Nikki after she was given to my Kids. She gave birth to one puppy. Soon after the pup was born the kids grandparents up and took the puppy as if they were entitled to owning the pup. I would love to know who would be the owner by rights to this puppy, and if it’s us how do can take the ownership of the pup back to us?

By |2024-08-09T10:03:44-04:00May 6th, 2024|
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