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.


I believe my dog was stolen and put up for adoption.

My dog was stolen from me, but I was made to believe she ran away and I was lured all directions chasing after her trying to find her. Later on, I found out that she was in an animal shelter the whole time. At the time I didn't have means to make a post online. I was physically searching for her. I now can get online regularly and was able to find my dog, but she was adopted. I've made three attempts to contact the people who adopted her, but no one has contacted me back. I want my dog back. She was stolen from my yard. I believe it was a distraction so my dog would be adopted. The previous owner's roommate kept trying to get my dog but couldn't because I involved legal. How can I get my dog back?

By |2019-06-18T13:20:33-04:00June 18th, 2019|

I boarded a cat for 7 months. Who has legal ownership?

I kept a friend's ex's cat for 7 months while they dated and now suddenly she wants it back after they broke up. I like the cat and don't want to give it back. The cat is happy here. Is the cat legally mine after this time period? There was no contract.

By |2019-06-18T13:11:53-04:00June 18th, 2019|

How can I get my dog back after giving her up?

As of May 14, 2010, I gave up my dog to Love-A-Stray, in Avon, OH. A week later I wanted her back, and I contacted the volunteer who I dealt with, and she told me in no uncertain terms, how dare I. After sending her emails due to my family wanting to take the dog to a shelter, I was forced to give her up. Apparently, this volunteer felt she had the right to tell me I would have to pay $125 to get her back. Then she proceeded to tell me she would take me to court and use my mother against me. My mother said she would never do that. I never abused this dog, I loved her as if I gave birth to her myself. I want my dog back, and the family who has her now should understand how awful this rescue place is. What steps can I take to get my dog back?

By |2019-06-18T13:06:12-04:00June 18th, 2019|

Can I take legal ownership of my mother’s dog?

My mother went to jail for a while and wanted me to keep her dog. After jail, she went to rehabilitation for a year. This caused confusion as to what happens to the dog. She never signed the dog over to me and basically has been out for a couple of years. I am her son which means that I am related to her, but I do not know if that means anything. Is there anyway I can keep the dog legally?

By |2019-06-18T12:59:38-04:00June 18th, 2019|

I have a pet custody dispute with my ex.

My ex-husband and I bought a dog together. When we split up he wanted nothing to do with the dog for almost 2 months. The dog got hard to handle so I offered the dog to him. It took him over a week to respond. I had by then changed my mind and decided not to separate that dog from my other one. When he contacted me I told him that I had changed my mind and was going to keep the dog. He is now saying he is going to the cops to get a right to have the dog since he has the message where I offered him to him, and now I’m changing my mind. Can he do that?

By |2019-06-18T12:53:51-04:00June 18th, 2019|

What are my rights as a foster dog owner?

I currently have a foster dog of 2 years. I filled out paperwork and have a contract. The foster dog was attacked by a dog I had in my house (which was stated on the foster application regarding her aggression prior to placing any dogs in my house) in 2017 a few months into fostering. I followed the contract and took the dog to the ER vet approved by the rescue, which paid out $1,700 for the foster dog's surgery. Throughout the following year, I had to move, and I contacted the rescue with no reply to pick up the dog or move the possible adoptions forward so she could be in a permanent home. After 6 months, the rescue called and wanted the dog to go to a few meet and greets, but none followed through or worked out. I have not been reimbursed for food over the 2 year period, even though it's stated in the contract that they will pay. The dog has only had 1 rabies vaccine in the 2 years and has never seen a vet, except for the one time she was attacked. Recently my apartment asked for vaccines and licenses, in which case I reached out several times via email, Facebook, and phone, and a month passed and I finally got the proof of rabies. Now in the contract it states that the foster is responsible for providing adequate food and vet care which will be paid for by the rescue. After many months of asking for check ups, records, and vaccines so I could kennel the dog (which I was willing to pay for) since the rescue was short fosters, I took the dog to my vet (which is also my FT job) and got her vaccinated. Despite the fact that the rescued paid $1,700 for her surgery due to a fight under my care, and I haven't received any money towards her food for 2 years, the rescue now wants me to pay an adoption fee. I explained the fee of her vet bill should cover the adoption fee. There is a refusal to reimburse the vet fees even though it says they will in the contract I signed) because I didn't take her to an "approved" vet. They are also asking for me to pay an adoption fee as well, so it would total a payout of over $800 for me. Am I responsible for these fees? Even after 2 years of caring for the dog the rescue basically just dumped on me? And if they ask for her back after 2 years of foster care, should I give the dog back? It doesn't seem fair, or in the better interest of the dog. I have no interest in suing anyone, or taking legal action, I just want to know if I should seek a lawyer and what my rights are as a foster.

By |2019-06-18T12:49:20-04:00June 18th, 2019|

Can original owners take a dog back after two years?

A little over 2 years ago, regulars at my brother's work offered us a pitbull because they couldn't have him around their newborn baby. Eventually we agreed to accept the dog because we didn't want him going to a pound or shelter. When we got him, his nails weren't cut, he wasn't potty trained, his ears were torn up, and he wasn't neutered. He's a male pitbull, and it's illegal in Nevada to own a pitbull that isn't neutered. We got him cleaned, cut, neutered and potty trained. He has been a great part of our family and is registered under my name as an emotional support animal and is doing amazing now. However, the original owner wants him back. He has been pursuing us and found the address where my brother works. It has been over two years and he wants the dog back. He even changed up his words to say that we stole his dog when before he stated that we didn't. This could all be easily proven with screenshots of messages from the beginning when we first got him. Can he win in court and take my dog from us? I am former military and I have chronic depression and having this animal in my life helps. I don't think he could win in court, but I just want to clarify with someone in a legal sense. Also, we haven't checked if the dog was chipped.

By |2019-06-17T14:01:55-04:00June 17th, 2019|

My neighbor wants to separate kittens from the mother.

My neighbor has a cat and it has continuously had kittens on our porch, none of which have been taken care of by my neighbor. My neighbor's cat pretty much lives with us and we have to feed her because our neighbor wont. A couple weeks ago, the cat had kittens again, but this time my neighbor wants to take them to what potentially could be a kill shelter. What can I do about this? I've been feeding them everyday and I have been with them since they were born.

By |2019-06-17T13:48:42-04:00June 17th, 2019|

My friend won’t give me my cat and wants to declaw it.

I got a cat, and my friend at the time got the cat's sibling. We agreed that until I got my own place, my cat could stay with her and I would help with the food and supplies. I have done so every month, as well as spent time over there taking care of my cat. I now live in a place that allows animals, and she is refusing to let me take my cat and she is going to declaw him without my consent. Does she has any ground to stand since I have been paying her and have proof?

By |2019-06-17T13:40:30-04:00June 17th, 2019|

I own a boarding kennel and my client’s attorneys haven’t been paying the bills.

My parents are former professional dog handlers and own a large boarding kennel in Northern California. Unfortunately, their main client passed away in April of 2018 with over 40 dogs under my parents' care. As part of his will, he created two separate trusts to care for his large number of animals (one cluster in New York and the other in CA). Unfortunately, the attorneys are very slow to pay. They agreed to pay up to the date of his death and then asked us to accrue bills until the trust was settled. In over a year we have only received one emergency payment and have had no communication in over 5 months. What is our recourse?

By |2019-06-17T13:32:12-04:00June 17th, 2019|
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