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.


Can a temporary boarding become permanent due to safety concerns?

I received this wonderful dog from someone who needed temporary boarding while she went through a court ordered rehab program. I was told she would be with us for 3-4 months. And I agreed to return her contingent on the original owner proving sobriety and stability. When the dog was first placed in my care I noticed that she was physically healthy but extremely anxious and traumatized. The previous caretaker was drugging her daily with a tranquilizer that was not prescribed for her. It has now been over ten months, no communication from the original owner. The dog is doing wonderfully well, is happy and well adjusted and feels safe. Yesterday I was informed the original owner wants the dog back now. I have also since learned that the initial court ordered rehab was due to a violent incident. Can I refuse to return the dog, citing safety and stability concerns and breach of the original agreement? Since I didn’t hear from them for months after the terms of the original agreement, could it be considered abandonment of property?

By |2023-12-08T15:21:36-04:00November 28th, 2023|

Minor signed contract to relinquish dog, can they void contract?

Our rescue just took in 2 weeks ago a dog from a guardian. We had her sign the relinquishment form. The father made the arrangements to relinquish the dog, but the 16 year old daughter signed the form. Now the mother wants the dog back after 2 weeks. Can they legally take back the dog?

By |2023-12-08T15:01:08-04:00November 28th, 2023|

“Foster” (Relinquisher) refuses to give cat to approved adopter.

I’m the president of an animal rescue organization in Oceanside. We have a shortage of Foster’s so we have a program called bring your own foster. Which is basically keep your animal in your home, and we will adopt it out. We have a great adopter for a cat that we brought into organization this way. Contract signed, fees paid, adopters excited… Relinquisher changed her mind. Help.

By |2023-12-08T14:54:56-04:00November 28th, 2023|

How can I get my indoor/outdoor cat back from Humane Society?

My cat is an indoor/outdoor cat, he was picked up by the Humane Society last night as a lost animal (when he was close to home). How can I get him back? I cannot afford the fees they are asking for. I don’t understand why I need to pay to get my animal back when he was taken from his home area being an outdoor cat 90% of the time.

By |2023-12-08T14:47:52-04:00November 28th, 2023|

How can I get kitten from abusive ex?

What I can do to get my baby kitten back? Before breaking up, he gave me a kitty for my surprise. My ex abused me and threw my kitten twice. First time threw my kitten girl on the wall and second mirror. Before I got the kitten, we used to have another cat named Brownies. I don't know what or where he is, been missing it under his care. I don't want same thing to happen to her. What can I do?

By |2023-12-12T10:10:03-04:00November 28th, 2023|

My neighbor wants to take my cat.

What can I do to prevent my neighbor from stealing my cat and taking it, then dropping it off somewhere else? I'm sure she won't take it to a shelter, she mentioned dumping it far away so it won't return, which I consider animal cruelty because it's my pet. I have an appointment for it to be fixed on Dec 22nd, and I'm planning to keep it inside until then. How can I ensure my pet isn't stolen and left alone somewhere?

By |2023-12-13T17:49:33-04:00November 26th, 2023|

Wrong size dog sold.

I purchased a mini goldendoodle at a premium price, expecting a weight range of 25 to 35 pounds. However, my goldendoodle now weighs 60 pounds, twice the size of any mini doodle I've seen. Despite being advertised as a mini, it's clear that she is not. Are there any actions I can take in this situation?

By |2023-12-14T10:40:52-04:00November 24th, 2023|

Accused of abandonment.

Dog park goers accused me of abandonment when I briefly left to grab dog items at home. They hid my dogs from the shelter, ignored my pawboost alerts, and later advertised and adopted my dogs away. What steps can I take to bring my dogs back home?

By |2023-12-14T10:44:23-04:00November 19th, 2023|

Breeder dispute.

I purchased a Yorkshire Terrier, believing it to be purebred. However, a groomer suggested a DNA test, which revealed she's a mix of three breeds. The breeder registered the puppies, and she's offered a $400 refund out of the $800 I paid. What should be my next step?

By |2023-12-14T11:26:07-04:00November 14th, 2023|
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