Question
My mom has a cat that is under my name. But because I was sick for a little bit she has had it over a month . Am I allowed to get the cat back without the court? W hat are the steps?
Answer
One's right to remove a cat from the cat's present location depends on the situation. There are issues of theft and trespassing that could arise in certain circumstances particularly when the parties have a different view about an animal "ownership." A microchip registration is one indication of "ownership" but does not always prove "ownership." If litigated, courts will consider the totality of the evidence presented, such as what transpired after the microchip registration (for example, was the animal sold, given away, abandoned, or boarded). I hope that you and your mother can work out the cat's custody arrangement in an amicable way that considers the cat's best interests.
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.