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.


Do I keep the dog?

My ex adopted a dog but when we broke up he told me to keep the dog this was in May of 2022 and he's been registered as my emotional support dog. He just sent a cop to take him back but I refused. Can he take my dog?

By |2023-04-25T12:54:49-04:00December 30th, 2022|

Violent ex is holding my ESA animal hostage and refuses to give him back to me.

I have a registered ESA animal (cat) that my ex-boyfriend is threatening to hide and keep. I had to leave for spine surgery and have been on disability for the past 4 months recovering. I have been unable to retrieve my cat because of this AND due to him being the perpetrator of domestic abuse. I contacted the police station and domestic abuse center (both local and hotline) and have been advised to find out what my rights are. I have had this cat since 2019, he is microchipped under my name (I have vet records as well) and only moved in with my unstable and abusive ex in 2021. I would really appreciate some advice as to how to proceed/understand my rights.

By |2023-01-09T17:41:27-04:00November 30th, 2022|

Am I legally responsible for dog park attack?

I was at a local dog park with my large breed dog when she first started playing with and then attacked another dog. She has never acted like that before and I believe it was due to the fact that it was a small breed dog that nipped at her which caused reaction. I was on the correct side with the large dogs and they had their small dog that side when there's a designated small breed play area. We have been to the dog park numerous times and she plays very well with other large breed dogs. At home our neighbor has 2 small breed dogs that growl and provoke her through our privacy fence, so I don't know if that is anything to do with why she reacted that way. Being that it was a dog park and that they were in the wrong pet size designated area do I have anything to worry about legally?

By |2023-01-09T17:32:33-04:00November 30th, 2022|

Can I be sued if I rehome my dog?

The contract I signed says I can't rehome the dog I adopted. On top of adoption fees I have spent hundreds of dollars getting up to date on everything including nurturing. I feel she is mine and if things aren't working out 3 months later I should be able to find a perfect home. Can they sue me? If so, sue me for what? For what I paid for her?

By |2023-01-10T10:29:32-04:00November 30th, 2022|

NYC shelter forcing me to neuter my dog.

My dog wandered off from my backyard and was taken to an animal shelter. They are telling me that if I don't agree to neuter him right then and there, they will not release him to my custody because it is the law. I do not want my dog neutered now, I would neuter him in the future. I have read many articles about male dogs becoming more aggressive after being neutered and I don't want that. Can anything be done?

By |2023-01-10T10:21:21-04:00November 30th, 2022|

Need help

My brother and his ex have been dating on and off for almost a year, and he wants his dog. His dog is registered to him and he has is the adoption paperwork, but she's been paying for all the dogs vet bills because the dog lives with her, but he’s trying to get custody. I was just wondering if there’s a chance to prove he’s the owner of his dog.

By |2023-01-10T10:14:37-04:00November 30th, 2022|

Help me get my dog back.

I gave a dog to a rescue and before i could get back to my car I couldn't leave him I asked for him back and offered the fees they said no. What can I do? I want him out of that place.

By |2023-01-10T10:08:57-04:00November 30th, 2022|

Can shelter force me to spay my puppy?

I got a puppy from a Titusville. FL shelter. She was very young, we agreed to bring her back to get spayed in about a month. I don’t want to. What can they do about it? My wife thinks they will get the sheriff’s office involved.

By |2023-01-10T10:07:45-04:00November 30th, 2022|

I want my dog back.

My dog is at an animal shelter in Washington state because animal control told me they have to take him for now due to a incident where two people were bit by him. Now animal control is calling me asking me to surrender my dog to them. I haven't given them an answer yet. What are my options? Can I get my dog back?

By |2022-10-27T09:48:27-04:00October 27th, 2022|
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