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.

My ex husband is suing for the cost of our puppy.

My ex husband and I briefly got back together. While we were at the mall, I saw him in the pet store. He got a puppy that he knew I would want. I always wanted this breed. He got the dog in his name and vet in his name. We broke up less than a month later. I offered to take the dog and payments via text, but he never gave me the dog or drew up a agreement. Now two months later, he is taking me to small claims court for the cost of the dog.

By |2019-07-23T15:07:19-05:00July 23rd, 2019|

I had three dogs taken from me while I was not home.

What can I do when a humane society knows that I am the legal owner of three dogs, but did not hold them for a reasonable time or try to contact me that the dogs are in their care. They told me they didn't know who the owner was, and they clearly did know because I have been there before, and also gave them shots which they had record of. The records show who the owner is and how to get in touch with me.

By |2019-07-23T15:03:10-05:00July 23rd, 2019|

My neighbor is neglecting her pet. What recourse do I have to get the dog help?

I helped my neighbor adopt a dog from the local shelter. The help I provided was by accompanying her with the adoption process. She had initially asked for my help because of my relationship with the rescues. Although I hardly knew her, she appeared to have taken good care of her past pets. She has had the dog not a week yet, but is neglecting him. She does not feed him regularly and is not attending to his UTI. She also has very condemnable living conditions. I did not see or know this until after the adoption. I have offered my advice several times on how to care for the dog. I have also given her supplies such as food, bedding, treats, harness, leash, etc.. As I am discovering the neglect, I also offered to take the dog back to shelter. She is now refuses/ignores my support. The dog is not getting basic needs met and does not have decent living conditions. What recourse do I have now to get the dog help?

By |2019-10-15T14:33:04-05:00July 23rd, 2019|

Foster is refusing to meet us for adoption finalization.

I’m from Massachusetts, and after our close friends had two very successful transactions with a great adoption foundation in Vermont, we decided it was finally time for us to adopt. We cleared all the processing and were informed that we were approved to adopt. Now the foster is refusing to give the dog up after only fostering for under 48 hours. This is first time the foundation has had anything like this happen in 20 years. Please share your thoughts and thank you so much in advance!

By |2019-07-23T14:36:27-05:00July 23rd, 2019|

An animal shelter gave my friend’s dog away to a rescue.

A friend of mine had a dog that was missing. She contacted all the local shelters and dog pounds. One of the shelters didn't return her calls. Finally she was able to speak to someone, and they said they didn't have her dog. A few days later they called her back saying they gave her dog to a rescue because she didn't claim the dog. She asked what rescue, but they refused to tell her where they sent her dog. What can she do? I advised her to contact the police department and file a report and screenshots of all her incoming and outgoing calls to them. What else can she do legally?

By |2019-07-22T13:11:21-05:00July 22nd, 2019|

Can I adopt dogs with an ongoing animal cruelty case?

Recently a person had asked me to watch her 4 dogs while she was on vacation. I had a key to the house. Once I saw the condition of the dogs and what they were living in, I had to do something. There was one puppy (she previously offered to me) that was very nervous and scared. I bathed the puppy and took her. I let the owner know I took the dog, and I told her that we had to have a serious talk when she returned. She was okay with me taking the dog at that time. Once she returned home, I explained to her that I could not and would not act like I didn't see the conditions of the dogs and what they were living in. I offered to help her get the living conditions in order (at the time the person was my friend and I wanted to avoid getting authorities involved). Once I had this conversation, she called the cops on me and the cops came to take the dog. I explained to the cops why I took the dog and wanted to set a plan to help the others. I had a photo that I took of the conditions the dogs were living in. Animal control then went and took all of the dogs. and I had to return the one I had to the shelter. I took classes and volunteer at the shelter to see this dog during the court process. One dog has passed away since being in the shelter. They have been in the shelter going on 4 months now. Is there a certain time frame before the shelter can claim the dog as their property and allow her to be adoptable, or do I have to keep waiting? Everyone at the shelter knows that I want to adopt her, and this puppy is getting worse with every day she is in the shelter. I want to be able to get her out of there as soon as possible. Is there any action I can take to quicken the process?

By |2019-07-22T12:57:41-05:00July 22nd, 2019|

My sister and I are in a custody dispute over a cat.

A couple years ago my sister convinced my parents to get a cat and they agreed to. My sister just graduated from college and moved back in while she is searching for a home (I’m still in high school). When my sister left for college the cat stayed home with me, and I was the one feeding her and cleaning her litter. Recently my cat got spayed because I convinced my mom to finally take her for the surgery, so my mom and I took her. My sister payed $40 and I payed $50. My sister keeps on threatening to take my cat away when she moves out, even though I buy all of her food and clean her litter box. In a way, she couldn't care less about her needs. She keeps on saying that I am not the owner of the cat and that she is the owner, although I fulfill all of her needs on my own, and my cat seems to prefer to spend more time with me. Is there anyway to get custody over my cat when the time comes for my sister to move out even though I'm in high school? I cannot imagine my life without her, and I am way too attached and cannot even be a day apart from her.

By |2019-07-22T12:50:13-05:00July 22nd, 2019|

My ESA pet has been stolen.

I had my ESA pet being watched by a friend of a friend the last couple of months since where I had moved to, the other people in the home were allergic to cats. I had situated myself to have him back, but the person watching him became unreachable. I even went to the home to find that the girl moved. When I texted, they said wrong number. Now this person is completely MIA other than on social media. I contacted her on Facebook and then was blocked! Since he is a registered emotional support animal does that give me any more rights? What can I do to get him back? We had a agreement that there wasn’t pay required to watch as this was supposedly a friend, but we even messaged her on social media to pay her for the troubles of watching him before we were blocked.

By |2019-07-22T12:44:44-05:00July 22nd, 2019|
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