Question: Three years ago, a friend of my husband’s gave my husband and I a dog to take care of while he got a house and put his life back together after his divorce. Six months go by, and the friend moves into a house where he signed a 12-month lease. He did not check if pets were allowed, and, lo and behold, no pets allowed. At that point, he didn't know what to do. The original agreement was that he would buy food for the dog, which did not happen. The original agreement was that it would only be for a few months, which did not happen. Fast forward two and a half years. I'm currently going through my own divorce, and my ex-husband moved out of our 2400 square-foot house and is now renting a room out of a coworker’s house - no pets. The friend that gave us the dog is still in the same no-pets-allowed home. I am being threatened by a law suit if I don't give up the dog, Rusty, but it makes no sense to me. He has no where to go. The friend says that he'll bring Rusty to his mom and sister’s house, but I can't even verify that they even want him. They are both clearly being vindictive, petty and spiteful. I don't think he will win because staying with me is in the best interest of the dog, but what are my rights? If they want to play hardball, I will be countersuing them for boarding, food, and reimbursement of all vet bills for a three-year time span. I need some tips/advice. My divorce attorney won't get involved because the dispute is between me and the friend.

Answer: In pet custody cases, unlike children custody cases, courts don’t always consider what is in the best interests of the animal. More and more, courts are taking this into consideration, along with other factors, but you should not count on that. While you may have a winnable case for the expenses you incurred, getting the money and losing the dog is clearly not what you want. I suggest you consult with an attorney in your area who perhaps can attempt to work out an a settlement with your husband's friend and your husband. The agreement may include that you will not pursue a claim for the money and your husband and your husband’s friend won’t pursue a claim for the dog. If that does not work, your attorney may suggest paying the friend for the dog, as unfair as that may seem. If this arrangement works, at least you will have the dog with no strings attached. I also suggest you speak with your divorce attorney again to try to get your husband to relinquish to you all rights he may have to the dog.

Question: My former girlfriend has my dog and I want to get him back. We adopted him from Romania in November 2006. He arrived in the US and we looked after him. When we split up in October 2008 she told me I could keep the dog and offered to pay food, vet and to take him when I went away, as I travel for my job as a journalist. I agreed to the latter two. Since then when I went away she would look after him and then give him back on my return, the last time being in May. In August I emailed to ask if she would take him for two weeks and she wrote back that she would. But when I got back she emailed to say that she was not giving him back, citing weight loss. I had taken him to the vet 5 days before so went back and checked with vet and the vet and the report said he was in fine condition. I pointed this out to her and have had no further reply from her. The police say they cannot help because I gave him to her voluntarily. A lawyer said that I may have problems getting him back since the license is in her name. However, another lawyer said that I may be able to get at least joint custody as I have been looking after him for the past year and have emails showing that she takes him for the periods when I am away, of which there were four. I see from your website that joint custody is a common ruling by courts. My feeling and that of fellow dog owners and those who know her say that for personal reasons if she is obliged to share him she will probably give him back. Whether this is true or not, I would settle for having him for at least half the time rather than the present situation where I cannot see him at all. I have assembled letters and petitions from neighbors and those in the dog run attesting to my care of my dog and his good health and have his vet records. I was wondering if you could tell me what is the court mechanism that I need to use, is it small claims or a lawsuit? My lawyer friends do not specialize in this, and have warned me that costs may be high. Any advice or guidance you have would be very much appreciated. I work from home and the little guy - his name is Shadow - was my constant companion. I can see from the other letters that I am not the only person who misses their dog so much.

Answer: In Small Claims Court one can sue for money, not the return of an animal or property. To sue for the return of the dog (replevin action), it would be advisable to have an attorney represent you. This action would not be in Small Claims Court. Ideally, you and your ex-girlfriend would be able to reach an agreement that works for both of you and, most importantly, for the dog.

Question: My husband's parents are Dachshund breeders. They had three dogs that were of different breeds that they wanted to give away and just keep the Dachshunds. There was a poodle that my husband was close to, a short hair Chihuahua and a miniature long hair Chihuahua. I already have 4 small dogs, but I told my husband to bring the little Chihuahua over to see how she got along with the other dogs. His parents had kept her in a cage most of the time, so when she came to stay with us she was starved for attention and she and I instantly bonded. She's very tiny so I take her everywhere with me. She goes to work with me everyday, wears little dresses and sleeps with me every night. She has been with me 24/7 for the last three months. Me and my 6 year old son are madly in love with her (and everyone at the office). My husband and I separated two months ago and have decided to get a divorce and he is demanding "his" dog back. His parents never even called to see how she was doing, but they do have registration papers for her. He's angry from the divorce and is threatening to bring the Sheriff to my office to take her away from me. Can you tell me if I have any rights or if I just need to contact a lawyer...because I will, she's my baby and I can't let them take her.

Answer: If at all possible, try to work out a custody arrangement with your husband. Perhaps if he understands how attached your child is to the dog, he will not pursue trying to get the dog. If you cannot work this out, I suggest you contact an attorney. If the sheriff does come, it would be advisable to refer him/her to your attorney and also explain that this is a family dispute, not a criminal matter. If your husband sues for the return of the dog, it is likely his parents will say they gave the dog to your husband and not to you. However, since the dog has lived with you for the last few months, it is possible a court would believe that your husband gave the dog to you.

Question: My husband and I have an English bulldog. She was giving to us without any papers and we still took her in. She got sick months later and we took her back to him to get her better. He charged us $150 a week. Later she had puppies and he offered to help, but instead sold them gave me the money for two puppies and kept one puppy and the money from selling two others. He never said anything and was claiming it was his dog now and he registered the dog under his name. What can I do? He has no right to her. I had her since she was 6 months old and now she is 5 and all he sees is money.

Answer: It is unclear from your e-mail what your actual contract was with the person who gave you the dog. It is particularly unclear since months after acquiring the dog you gave him the dog “to get her better.” That would imply that he still had some rights to the dog since normally one brings a sick dog to a veterinarian. I suggest you consult with an attorney in your area who can review all of the facts and any paperwork. You might also consider suing in Small Claims Court for any money you may be entitled to receive.

Question: I adopted a dog August of 2006. At the time I was engaged and so Oreo was raised by both my fiancé and I. Financial responsibility was shared. About a year ago we broke up but it was amicable so being we were both quite attached to Oreo I decided I was willing to split time spent with the dog. Today my ex seems to be hinting at my giving up my time with the dog, which I am not willing to do. I adopted the dog from North Shore animal League America under my name alone. The dog has pet insurance also under my name. Am I within my right to keep the dog if my ex tries to keep me from seeing him. Do I need to take any formal action or can I just keep my dog with me?

Answer: If you and your ex cannot reach an amicable custody agreement, the matter may end up in court if either of you refuse to allow the other to visit the dog. In terms of any formal action, normally if anyone sues it is the person who does not have possession. Commencing a legal action to try to declare yourself the rightful owner is a possibility but there is no guarantee how that will turn out. A court would likely consider that you adopted the dog and that the pet insurance is in your name. The court would also likely consider who has been the primary caretaker for the dog during and after your break up and what verbal or written custody agreement you and your ex entered into during and after your relationship.

Question: Hello! I've read quite a few of your Q&A so far and would like to thank you for providing a forum to help with my question. I assume you're going to advise I seek legal action with an attorney, but my means are extremely limited and wanted to ask anyway to see if you have other helpful advice. Bert is an 8 1/2 year old ShihTzu 'officially' given to me and my boyfriend by his brother on my boyfriend’s birthday in 2001. We have jointly loved and cared for Bert since, until we broke up in May 2008. My ex was out of town often, I kept and cared for the dog the majority of the time, even when I traveled. Bert developed a hernia in March 2009, I then took the dog back to my ex's house so that he would take him to the vet/surgeon appointment I made, because I knew he could pay for it. He took Bert to the appointment but did not proceed with the needed surgery. It is now August 2009, my ex left Bert with his brother (same brother who gifted the dog) after a verbal dispute when they were all staying at his brother's house. My ex hasn't made any attempt to pick up Bert. The brother and his wife are wondering why, even though they love and care well for Bert, they know he doesn't belong with them. They already have 2 dogs that have to be separated at all times due to fighting. I've tried negotiating with my ex to no avail. I'm trying to make wise, calm decisions but I'm greatly disturbed that Bert is not with ME, in MY home, where he belongs. My ex has told me and his brother that he doesn't believe he can care for the dog right now - financially, I assume- yet won't 'allow' his brother to release him to me. I very clearly see myself as the other rightful owner and really, really want to take Bert back. The brother also sees me as the dog's other owner, his 'mom,' so to speak. We aren't sure what to do at this time. Any advice would be GREATLY appreciated! Thanks!

Answer: Your assumption regarding what I am going to say is correct. If you want to attempt to get Bert back and cannot successfully negotiate his return, a lawsuit is the recourse. It is always hard to predict who will win custody cases but the court is likely to consider the terms of the original gift (the brother’s testimony will be important here) as well as the fact that you dropped the dog off with your ex when the dog needed surgery. The court may also consider that you were the primary caretaker for many years. Consult with an attorney in your area.

Question: Five years ago, my boyfriend and I decided we wanted to get a Chihuahua like the one we had found. We talked about it in depth. Three years ago, I purchased and gave him a little Chihuahua for Christmas (He has the Christmas Card saying she was a gift from me). Early on she bonded with me as all Chihuahuas bond with one owner. She always slept on my side of the bed. He played with her and I took care of her. To this day he has never given her a bath. I was laid off in February and I broke up with him at the same time. He would not let me take her then so after a couple weeks we started talking again and trying to work things out. He said that since he was working and that I was not, that I could take her. (Chihuahuas have separation anxiety when left home alone a lot). I have had her in my possession ever since (six months). We tried to work things out and when I would go over to get some of my things, or to talk, I would always bring her so he could see her. Things just were not working out between him and me. About a month ago I went to see him and we got into an argument. He tried to kick me out and said I could not take her. So, I refused to leave. I threatened to call the cops for them to decide who should get her. Then he let me leave with her. Now he says I stole her. He is serving papers to me tomorrow. Do the courts treat a dog as a possession? Do they care about the dog’s quality of life? Health Certificates and Vet bills are in both of our names. We both paid vet bills. Continental Kennel Club Purebred Registration is in both of our names. State of Wisconsin, Green County 2009 License is in my name. Quality of life with him at apartment: She will lie on the couch and stare out at the parking lot day and night. It is on the north side and there is no sunshine. He goes to the bar and gambles after work. Weekends he goes golfing and goes to the bar and gambles. Too tired to take her for walks. Quality of life with me in the country: She has three little girls who adore her and play with her all the time. She waits on the back of the couch for them when they are gone. She has a yard the size of a football field where she can run and play and sniff around all day. She has a neighbor playmate, a cocker spaniel. She can bask in the sun either in the sunroom or on the deck. I take her everywhere in the car. She goes for daily and weekly outings to dog parks and pet stores to see other dogs. She still sleeps on my side of the bed even though the other side is empty. She's a little Diva and when we are all doing our nails, we do hers too. (Why would a grown man want a little girly dog?) Spite? Does the Christmas card saying that gift is a gift hold any value? Are there other key points I should be looking at? What do you think my chances of keeping her are? Thank you for your advice. Let me know what you think I need to do to keep Jade. Any other thoughts would be helpful too. Do you think I need an attorney?

Answer: legal papers are served on you, I certainly think you need an attorney to represent your interests. Yes, the card may hold value but so would what transpired after that time, including that he gave you the dog. Some courts will consider the best interests of the animal but many will not.

Question: My family recently received a Pomeranian from a friend of my dad's. To our knowledge the dog has had four owners in the past including ourselves. We've had her for about six months now. Last week she got out and was turned into an Animal Shelter near our home. By the time we were contacted about this by a friend who works there, the shelter had already had her searched for a microchip which we didn't know existed. Apparently the original owner, who had the chip put in, was contacted and decided to take the dog back. Because we hadn't had her registered yet, though we did have her tested at a local Petco with the papers to prove it, the owner who hasn't seen the dog in two years has now taken her back. Is there any way for us to try to get our dog back?

Answer: If you cannot convince the original owner to return the dog to you, your option is to sue. Since you seem to know about the dog’s history in terms of ownership, you should have people prepared to testify about the circumstances under which the original owner gave up the dog. For example, if she gave or sold the dog to a person, it would be helpful to have that person testify.

Question: About two years ago I gave my two Chihuahuas away. I had them for six years. When I gave them to the woman, I told her that if she ever had to give them away for any reason they were to come back to me because I didn’t want anyone else to have them. I kept their registration papers and I didn’t transfer ownership, Then last year the lady had gotten sick and now she can’t care for herself. Her daughter asked if I wanted the dogs back and I said yes that was our agreement when i gave them to her. When the lady had them I would go visit them once a month. The lady ended up giving the dogs to her sister who only wanted them to make money off of selling the puppies. I just found this out. So my question is, can I go and take the dogs from the sister? Since I’m still the legal owner and it was my agreement before I gave the dogs away that they were to be returned to me if she couldn’t take care of them.

Answer: I suggest you try to work this situation out amicably with the woman’s sister. If she won’t return the animals to you, the most cost effective way of getting the animals may be to buy them from her. If you go to the sister’s premises and try to remove the dogs, you run the risk of getting arrested. You can see if the police will assist you in obtaining the dogs. However, often the police will not get involved in these kinds of disputes (but since you have the registration papers, it is possible that they might help). If they won’t, you can hire an attorney (which can be costly) and sue (although unless you have a written agreement stating that the woman would return the animals to you if she could no longer care for them, your case is not strong). Again, you should consider trying to work this out with the sister, assuming that whatever events caused you to give the dogs away in the first place are no longer present. Also, consider having them spayed/neutered if you do get them back.

Question: My neighbor recently left and left their dog chained up outside with no food or water, and nobody to care for it. They left without telling anyone. I know the landlord and he said he was evicting them because in their rental contract it specifically states No Cruelty to animals. They have been gone for 2 weeks and never returned once. Their dog came to my house starving and scared, I have been taking care of her for about 10 days, I know the landlord tried to contact them to inform them about the nature their dog was in, well now 10 days later they show up at my house and want the dog back. I didn't want to but i let the dog go. She said she didn't have the landlord’s number to contact him, so she couldn't get home any sooner to get the dog. When she came the dog did not want to go with her, she kept coming back to me, and they had to force the dog in the car. I am worried about this dog. I have tried to contact my local dog warden, but we have never been able to communicate, just phone tag, and the sheriff office didn't tell me anything. I just want to know if this happens again, can I legally keep her?? The landlord told me he has had to go down to their place several times and feed and water her because they disappear days on end and don't leave anything for the dog. I’m really upset. The lady also admitted to me that the dog had its tooth broken because one of them kicked it in the face. I just know she was being abused.

Answer: Abandonment and cruelty to animals is against the law. Generally, in situations such as the one you described, it is wise to contact the appropriate law enforcement agencies (as you tried to do) to have them take action before returning an animal to an abusive situation. Sometimes, if law enforcement agencies get involved the result could be that the owner will lose all rights to the animal and someone else (just as you in this instance) could possibly adopt the animal. The dog would not automatically be yours if your former neighbor abandons the dog again. However, it may be possible for you to adopt the animal after law enforcement officers seize the animal. Therefore, in the future, you may consider not simply returning the dog, but instead contacting the local authorities. Some people also prefer to take a “shortcut” and attempt to buy an animal from abusers and then proceed to contact law enforcement agencies. Sometimes, people who are so neglectful and/or abusive are willing to sell their companion animal. It is unclear from your e-mail where this dog is now, but I strongly suggest that you try to find out so that law enforcement officers can conduct an investigation and perhaps seize the dog and arrest the “owners.” It sounds as if the landlord would be a good witness as well to the abuse and abandonment.

Question: I adopted a pet from Only Hope Cats in NJ and took care of two wonderful animals for three years. I have severe health problems including heart and lupus inflammation and numerous health incidents in which the cats helped me. I have to move out of my apartment and I asked this crazy cat lady to help me out while I was ill with chest pains and anxiety. Now, she refuses to give me back my animals and I am heartbroken and physically ill, crying every single day. What recourse do I have and can you help ASAP as I have to move in two week by Aug 1st.

Answer: You can contact the police although it is unlikely the police will assist as they often view these situations as civil, not criminal, matters (unless they feel there is evidence to prove theft). Sometimes an animal adoption organization will help so you might try contacting Only Hope Cats to see if they will try to intervene on your behalf. You can also hire an attorney to commence a civil action for the return of the cats.

Question: My ex-boyfriend and I bought a boxer 2 1/2 years ago. He was the one that insisted on getting the dog. He knew the breed and insisted on buying that specifically. When time came to register him with AKA papers, I register him under his name, since he was going to be the main provider for the dog wellbeing. However, two years went by since then and I have care for the dog in many ways. I have raised him and paid for a lot his medical bills. Now we are breaking up and his allegations are that he is never to let me see the dog. So after all the love and attention I have given the dog, I think it’s pretty unfair that we cannot share custody. To me that is basically the same as saying he couldn't see his kids, but thankfully we don't have any. Is there a way I could force him to let me see the dog. Will I have to go through a huge, expensive custody battle to see the dog I raise with so much love. This is unlawful... Please advise.

Answer: If you and your ex-boyfriend cannot work out an amicable custody arrangement and he has possession of the dog, you can consider suing for joint custody. I cannot tell you how the judge will decide the case, but it was not helpful that you registered the dog only under your ex-boyfriend’s name. However, your involvement with the dog’s care and expenses for the past two and a half years may persuade a judge to award joint custody.

Question: My former boyfriend/and attorney bought himself a toy fox/terrier. When she was 3 months old he was told my his landlord that the dog had to go. He brought the dog over my house and asked me to care for her since I had a home and a large fenced in yard and had just lost my dad and my dog. I've been on SSI for a number of years and all I have to live on is my monthly check. Since he was the Estate's attorney he knows how hard it is for me to make ends met. So he drafted a document that says I hereby commit myself to the financial assistance to Maryjane Kasian for the care of our dog we rename Princess Olivia Kasian/Sullivan. We have been dating for 3 years and he has been living both at his home/office and my home. He has faithfully paid her expenses...she is licensed in my city under both our names and addresses. The vet and kennel are in his name. Last few months our relationship together has not been working out with violent outburst and demands on his part and no closure my dad's estate. I decided to end our relationship as well as our attorney/client relationship. I made a restraining order. Then left a message that I would be writing a letter to notify him in writing of his removal as the attorney for the estate. I then wrote the letter and told him that along with my list of demands I would like to have a document drafted up that would give the dog to me although I could not continue to give her all the luxury things he has been providing for her. I received a legal package yesterday from him responding only to the withdrawal as attorney and a list of items returned back. In closing, he wished me the in the future. Nothing about our little dog. My question is: That the document we made between us 3 years ago can that be enforced by a court of law. I currently fear to have any personal or written communication with him. I can't afford to pay for dog related items or vet bills. Please any ideas of who I can contact to contact him regarding our dog will be appreciated.

Answer: If your ex-boyfriend releases the dog to you, it is unlikely that a court would enforce the prior agreement to provide financial assistance to you for the dog’s care. Since you are fearful of your ex-boyfriend, it might be preferable to break all ties with him anyway, including relying on him to pay for the dog's care. Keep in mind that since you currently both "own" the dog, your ex-boyfriend may try to get custody if you pursue trying to get financial assistance for the dog's care. However, if you still want to consider suing, I suggest you consult with an attorney in your area who can review your documents and advise you.

Question: On May 23, 2008 a friend of ours asked us to take care of her "12" year old Rottweiler til she got back on her feet. We wrote up a contract stating that in 3 months if they had not claimed her she should be immediately returned or taken to a shelter. Well after 3 months she asked us to hold onto her or take her to the shelter. Being the good people we are we decided to hang on to her. A few months later, because "Aleeyah" the rotty, doesn't get along with our dogs we moved her to our grandfathers 2 minutes up the road with the owners permission. On 4/28/09 Aleeyah started feeling bad, she stopped eating, drinking, and was very lethargic. We called the owner and told her the situation and she said we can either take ownership of her or put her down. We asked her how old Aleeyah was again and she said that she was 8... okay, we thought that was a bit odd. So we decided to take her to the vet, she's too young to be put down and where there is hope and a will there is a way. So we got her fixed up. It turned out to be a problem with her uterus (which we were told she was spayed). The vet bill cost near $1300. But we got her fixed up and were under the impression that the dog is now ours. Well two weeks later my husband called the previous owner to set up an arrangement to receive Aleeyah's papers, he left it in a voice mail. A week after that she left our grandfather a message stating that she was not ready to give the dog up and is looking for a new place for her to stay. We have grown to love our "baby bear" she's sweet and charming and takes good care of a lonely old man. Does the previous owner have any right to try to take claim over Aleeyah or do we? We have all the vet bill receipts and the original contract, however we don't know where to go from here. Please help.

Answer: According to your e-mail, on April 28, 2009 your friend verbally told you that you can either take ownership of the dog or have the dog euthanized. When and if your friend sues for the return of the dog, you would contend that you had an agreement to keep the dog. The length of time you have kept the dog along with your payment of the dog's veterinary expenses should help your case. The court would also review the written agreement and the actions of the parties. The original contract may help you but not necessarily since it mentions nothing about you keeping the dog after the expiration of the three month period. Also, at least until April 28, 2009, you were still treating your friend as the dog's owner by asking permission to bring the dog to your grandfather's house and then again by calling her to discuss the dog's medical problems. Nevertheless, since the dog has been with your family for more than a year and you have paid the dog's veterinary expenses, you certainly have a reasonable argument that the original owner has lost rights to the dog (even if she denies there was a verbal agreement granting ownership to you). However, the way our system works, if your friend wants to pursue getting the dog back, she has the right to try. You have the right to present your case, as well. Keep in mind that often when it comes down to actually starting a case, many people don't bother.

Question: I have three dogs. There is one that my ex has taken and I want her back. On Thanksgiving he broke my pelvic bone, it took me a long time to get better and still am not back to normal, but I am able to take care of the dogs. All the months I couldn't move I tended to them myself. I asked him to help and spend time with them, but he refused. One dog is almost 2 years old and has been with us since she was about 6 weeks old. I found her in a unfit home and brought her to our house. There are issues going on because of the domestic violence situation, but I have not denied him access to them. He's only concerned with the one dog, he neglects the other two. He is a truck driver and a month ago I let him take her to Texas and back. He returned but didn't bring her back until a week later, I told him he was wrong and that she had never been away from me like that. He went on a trip last Sunday and wanted to the dog and return on Wednesday. He came back by the house and didn't bring the dog. He came and took my horse, just to be mean, and moved her as well. I have been calling and he won't answer. He did tell me he didn't know when he was bringing the dog back when he came on Wed. He is doing all of this to hurt my feelings because I had called the law on him for the abuse, so now he's just being evil. Is there anything I can do?? It doesn't seem fair, I'm the one who tended to them for the last two years. PLEASE HELP!!

Answer: You should contact the police. If the police won't get involved to help you get your animals back, then you might want to consider hiring an attorney in your area to sue your ex for the return of the animals.

Question: My one and a half year old cat went missing during a long drawn out storm in mid December. I put up posters, checked local vets and humane societies to see if anyone turned him in and also left a description of him with all those places. I did what I could. The other day, I went for a walk and found a LOST CAT poster with picture of my cat!!! I took the poster home and compared my picture with it and all his markings matched! So I called, left a message explaining I think it's my cat. The lady calls me back, not to give him back but to tell me he's ok. And she says they've micro chipped him under their name, paid for surgery on his foot which was supposedly almost $1000, and she tells me he's one of the family now. HE'S STILL MY CAT! I offered to pay her back. She agreed this that is my cat without seeing any evidence. She said they did all they could to find the owner - but they didn't see my posters or the humane society dint find my file of the description I gave them, or hear me calling for him when I was walking around the whole neighborhood???? I didn't see any FOUND CAT posters. Nor did i get a call from the humane society. We agreed to get together soon so I can see him at least. But I really want to try to get him back. I have vet records. That's all I have to legally show he's mine prior to her claim of ownership. I don't want to have to go to small claims court, but I'm willing to do whatever to get him back. What should I do?!!! I feel horrible that she's being unreasonable.

Answer: Perhaps when you meet with the person who has the cat and she sees how much you love the cat, she will return the cat to you. If the finder of the cat refuses to return the cat to you, you can sue for the cat's return. Small Claims courts normally consider cases for money, so even if you win your case it is very possible the finder will only have to pay you money and not return the cat. You should consult with an attorney in your area about bringing a case for the return of your cat. Sometimes when a lawsuit is commenced, the person being sued will be more agreeable and the matter will get resolved before trial.

Question: Here are the facts: My ex-girlfriend's mother adopted a dog in Virginia and gave it to her as a gift. At the time, we were living together in another state so the dog lived with us. My ex and I separated. She left the dog with me. She was gone for over a year and didn't try to take the dog back. When we broke up, she left the dog with me for months without trying to get the dog back. From the time the dog arrived, I paid all vet bills, food, etc. All vet records are in my name and the dog has a chip that identifies me as the owner. Now my ex wants the dog back. She claims she is going to take legal action. The dog doesn't even know her anymore. What should I do?

Answer: Often people threaten to take legal action in animal custody disputes but don't actually proceed with such lawsuits. Since you want to keep the dog, you may want to wait and see if your ex sues you. You very possibly will be able to argue successfully in court that your ex abandoned the dog or that she gave the dog to you as a gift when she left. Of course, if you are sued, it would be advisable to hire an attorney to represent you.

Question: I met a person who found a dog with no ID or chip (dog was scanned). She looked for posters in the area and posted a found dog ad on several websites. I ended up taking the dog from her after a week because she already had a dog and she didn't want to take it to a pound for fear of what might happen to the dog. I took the dog into my home and I brought him to the vet to scan him (nothing). Over the past two months I cared for the dog and spent at least $1,000 on vet bills (vaccinations etc. and dog was sick on one occasion). About two weeks ago I saw a poster of a missing dog, which was the dog that I had! I have grown very attached to the dog, but I called the owner because it was the right thing to do. I left several messages with the owner saying that I had his dog but I would like some compensation for the expenses incurred caring for the dog. I never heard back from the owner. Do I have any rights? Could this owner call me back three months from now and try to claim his dog? Is there a legal time limit? If this guy really wanted his dog he should have returned my calls. Thanks for your help. It's hard to care for a dog knowing that there's a chance he might be taken away from me.

Answer: He can call you anytime, three months, six months, or 10 years and ask that you return the dog, but that does not mean he is entitled to the dog. Custody disputes are decided by courts when the parties cannot agree. While there are laws that specify how long a shelter must hold a dog before placing the dog for adoption or euthanizing the dog, the law is not as clear as to when an original owner loses rights to an animal who is found and not brought to a shelter. Usually, courts will look at what efforts a finder made to find the owner and what efforts the owner made to find the animal. Courts would also likely consider the length of time you have kept the dog before the original owner tried to get the animal back once he had notice that you had the dog. For future reference, keep in mind that it is not a good idea to contact an owner of a lost dog and ask for money upfront. Usually that sort of thing is worked out later on. Otherwise, it could make someone think that perhaps the animal was stolen and someone is seeking to extort money. The police may then get involved. Also, under NY law the unauthorized possession of a dog for more than 10 days without contacting the police is presumptive evidence of larceny. In any event, it sounds as if the original owner is not that interested in reclaiming the dog (assuming he has received your messages).

Question: In October 2008, my son's friend who is 19, asked us to care for her cat. She said it would be for about four weeks. We have now had the cat here with us since then. What was supposed to happen is when her family moved into a new house, they were supposed to take the cat with them. They haven't moved yet, and her mom told my son that she didn't want the cat at either house. She told him this in December. Since then, the cat has become a loved member of our family. The girl who asked us to care for it, has not asked about the cat, offered to pay for food or litter, or asked to come see her, or anything. Last week, she tells my son she wants the cat back and that she is going to keep her at her boyfriend's house. I would like to know if I have any legal rights to the cat. My 7-year-old daughter has become very attached and I don't want her to be hurt if I have to give her back. My daughter thinks the cat belongs to her now. Please tell me what is legal.

Answer: If your son's friend's mother owned the cat and the mother informed your son that she didn't want the cat anymore, it is possible a judge would find for you. If the cat belonged to your son's friend, a judge might find that your son's friend is entitled to the cat back. Since you actually have possession of the cat, you may choose to wait and see if legal action is taken against you, at which time you would need an attorney to represent your interests. Of course, you might want to consult with an attorney in your area now. Normally the police do not get involved in animal custody disputes unless they believe there was a theft involved. It is likely that if any action is brought against you, it will be a civil action for the return of the cat. If you can work this out with your son's friend (perhaps offering to buy her another cat), that too may bring closure to this situation but the success of that strategy is probably dependent on how attached she is to the cat.

Question: My ex-husband kept our cat following our divorce six years ago as my rental would not allow animals. Recently he asked me to take the cat as he is in the middle of moving and doesn't have a place to live at the moment. I picked up the cat and brought him to my vet as he clearly needed care. Turns out he had a pretty bad infection in his mouth causing dental and kidney problems. I authorized the vet to treat the cat and of course will pay those costs. He is a great cat and I'm sorry I ever left him but I didn't' expect that he would be neglected. At this point my ex wants him back. He said he doesn't want any medical care given to him (he's too old) and he wants his cat back. I want to get the cat healthy and I don't want him to go back to someone unwilling to care for him. What can I do?

Answer: Based on the information in your e-mail, it sounds as if you relinquished any rights to the cat many years ago. At least the cat is now being treated for the infection since you mentioned that you authorized the vet to do so. Perhaps you and your ex can work out an arrangement for you to sometimes have or visit the cat (although keep in mind that some cats don't like to be moved around). If you feel the cat has been neglected, you can contact your local humane organization/SPCA and file a cruelty complaint.

Question: For the past year I've been solely providing for my Siberian husky, who is about 2 and a half years old, and she has a happy, stable environment to live in. She gets the best food mix, plenty of exercise and love and is never left home alone. Recently my ex, who bought the pup for me when we were together, has come back demanding that it is "her turn" with my pup. My ex hasn't visited or even called about the pup in the past six months so she doesn't know my ex anymore. The last time she came in contact with my ex she really didn't seem to care much about her and enjoyed the environment more. We're even going to court over this pup, and the court has stated that we have to share the dog. They haven't looked at any of the evidence that I've gathered or anything and the judge is basically going off of my ex's sob story. Seeing as how I've been backed into the corner and have to share my pup with my ex I really don't know what to do. My ex and I are coming up with a contract about moving the pup back and forth between our homes but I still don't like the idea of that because my pup will feel abandonment each time because she'll be used to the owner that she has been staying with for the week/month/few months. Any advice on how to handle this situation would be great.

Answer: You should consult with an attorney in California. It is unclear from your e-mail if you already have a judgment, or if you and your ex are agreeing to a settlement based on what the judge said he would order. An attorney may advise you not to settle and may suggest how the case should be handled in the future. Keep in mind that many judges will not look at what is in the best interests of the animal so it is often better for the animal's guardians to work out a custodial agreement that will consider the dog's best interests. Hopefully, you and your ex will do that.

Question: NEED HELP A.S.A.P. I worked at an independent pet store for nine years. Shortly after I left, the owner sold the business to a woman that had worked prior to me on and off for about two years. An oral agreement between original and new owner was that if the store ever closed "Stanley" a blue and gold macaw would come to me, but, could stay at the store if/until it remained open. The store closed after less than five years and the new owners have refused to give Stanley to me. They have not denied the agreement, just refused to uphold. I go into small claims on Monday, January 26, 2009 the original owner typed and signed a letter stating the agreement but lives out of state and will probably not be present. I do have a recording of the new owner acknowledging the agreement...is there anything else I can do help ensure success? Stanley is only 15, the new owners are husband and wife, the wife has a terminal disease and is a heavy smoker. They are young, in their 40s but, are not in contact with their two children, I am only 29. I am concerned short and long term, aside from wanting them to be responsible for their "word."

Answer: You have a few things going against you in your case. You have no written contract, the store was sold with the bird in it, and the more recent pet store owners cared for the bird for years after you left. If the original pet store owner wanted to give you the bird, he/she could have done so before selling the pet store with the bird still in the store. Also, Small Claims actions are usually for money, not the return of an animal or other property (animals are generally considered property under the law). However, since you are seeking the bird, it is possible that if the court finds in your favor, it will allow the defendants to give you the bird rather than simply paying you money. However, if the defendants lose the case and want to pay the money rather than give you the bird, that normally will be all they would have to do. Your best chance of getting Stanley might be to purchase him. For further advice, I suggest you consult with an attorney in your area who can best advise you on the jurisdiction of the various courts and on the merits of your case. It would probably be advisable to adjourn your case, if you can, pending consultation with a local attorney.

Question: In mid-October '08, the 11-year-old girl who lived next to us told me that her sister (22 years old) needed to "get rid" of her 6-year-old pug because she was moving into an apartment where dogs were not allowed. Also, this entire family was moving out of our neighborhood due to foreclosure, so I knew "Honey" would not be able to stay at the house. I immediately said I would take this dog, because in the 4 years I've lived next to them, this family has purchased three other dogs that they have "gotten rid of" (one of which was taken to the SPCA). There was no direct communication with this older sister (Amanda), other than one phone call from her trying to set up a time to drop Honey off. This finally occurred on November 3rd. I reassured her that Honey would have a great home with us and would be very well taken care of. Honey immediately became a member of our family, with my 4-year-old daughter claiming her as her own. Well, out of the blue, the little sister leaves a message on our answering machine saying that Amanda wants Honey back. My husband was out of town for business, so I did not return this call, feeling that the little girl should not be involved in this request. For two days, Amanda had her little sister call us repeatedly, but she left no message. I finally answered the phone and told her that she needed to have her sister call us. When Amanda finally did make the call, my husband told her that he was surprised by her request, since she has not even contacted us to check on Honey in the 2 1/2 months we've had her. She immediately hung up on him and had her mom call back. Her mom stated that Amanda is claiming that we were just "watching" Honey for her and that she made it clear to me that it was a temporary situation. This is absolutely NOT the case!! Apparently, Amanda noticed that her neighbor in the apartment complex has a dog, so she decided (without even checking with the rental office) that she wanted Honey there with her. She called the police, but after hearing my side, they said it would have to be taken to court if they wanted to pursue it. There was no written agreement about this, when she dropped Honey off. I have vet records, have licensed Honey, have evidence that I never saw this as a temporary situation (e-mails explaining "our newest addition to the family", Christmas cards with Honey's picture on the front, etc.), and numerous neighbors have come forward offering to provide written statements on our family's behalf. I've also contacted the apartment's rental office to confirm that Honey would not be allowed. I discovered that dogs under 25 lbs. are permitted in the apartments (Honey is 31 lbs.). I'm going to get a copy of that policy and present it with vet records that show her weight. It's going to come down to my word against hers in court. Do you think she has much of a chance at getting Honey back?

Answer: I can't tell you who would win such a case, if one is brought. Amanda or her parents would need to sue for the dog's return, so at least for now, you are in a better position than they are. Oftentimes, threats are not followed up with legal actions. In these cases, each party would have an opportunity to present proof in court (letters from neighbors would not be admissible in court). You have in your favor that the dog has been with you for a few months with no contact from Amanda or her family. Amanda and her family have in their favor that the dog lived with them for about six years (although that is not clear from your e-mail). Undoubtedly, you and Amanda (and her family) will have a different version of the custody agreement.

Question: I do the TNR program, and have rescued many kittens. If I didn't sign a surrender form for one kitten given to a "so called" rescue group, do I have the legal right to either get the kitten back, or be provided the name/address of the party who adopted her. I found out this rescue group lied, and doesn't do home inspections. I fear one of the kittens I saved, and fostered could be living in a horrible home. I've ask the rescue group twice to provide me the person's name/address, so I can have peace of mind. If she's in a good home, I'd allow her to stay with the owner. If not, I would take her home with me. I would also like this rescue group to disclose their foster home records as I think one of her fosters adopted the kitten out. It's been two years, and I need to have some peace of mind that this precious kitten "Miss Muffitt" is in a good home. I rescued so many kittens, I can't keep all of them. I was told I could file a "deposition for disclosure" to get the rescue group (they're a 501(c) to disclose their records. The state of Florida has no oversight, nor do they inspect these 501(c)s when they approve them. They merely file their annual return.(which are never audited). I would appreciate your response.

Answer: It is going to be very difficult for you to get the kitten back or to obtain the information you are seeking, unless the rescue group voluntarily does what you ask. Even though you did not sign a surrender agreement, it sounds as if you did surrender the kitten to the rescue group and I think you would have a hard time proving otherwise. After all, when people give animals to rescue groups, it normally is for adoption purposes. Also, shelters and rescue groups generally consider adopters' information to be confidential. As a New York court stated in a case involving access to the name of an adopter, "The Court also recognizes the role that animal shelters play in keeping our friends alive. This only happens if people adopt animals as pets, and the last thing a new owner wants is to bond with a creature and then have it taken way." To provide you with at least a little closure, perhaps you could see if the rescue group will do a home check and report back to you about the cat. You can let them know that if the adopter no longer wants the cat, you will take him/her. Public access to records is usually limited to records of agencies, not private organizations. In a civil lawsuit, records can often be obtained through disclosure but if the person (that includes corporations and other entities) with the records deems the records to be confidential, there are ways to limit disclosure. For further information about Florida's disclosure laws and procedures, I suggest you consult with an attorney in your area.

Question: PLEASE HELP!!! I purchased a boxer from a rescue approximately eight months ago. Abe (my boxer) dug a hole and started leaving the yard. He made many people nervous. My husband said he was going to get rid of him. I didn't want him to, but I didn't know what to do. I was nervous, scared and confused. He spoke with a co-worker about giving her my dog. She returned a dog that she just purchased in return for Abe. My husband gave her my dog the following day. It's been three days and I am sick without my dog. I hate that I felt pressured into giving my dog away. Since my husband's co-worker did not buy the dog (no money or bill of sale was exchanged) and I didn't give my dog away, can I get my dog back?

Answer: You mentioned in your e-mail that you "felt pressured into giving my dog away." Then you stated, "I didn't give my dog away…" It sounds as if you agreed to give the dog away, albeit reluctantly. I don't think you would have much of a case if you sued the person who has Abe. Of course, since this person is your husband's co-worker, it is possible she would agree to return the dog to you. If she agrees to return Abe, make sure your enclosure is fixed so that Abe will not be able to escape. You may also wish to contact the rescue group where you got Abe from since sometimes they will get involved. However, given that you gave Abe away, I am not sure the rescue group would give Abe back to you even if they did take him from the new owner.

Question: I had a Senegal parrot for eight years. A friend that we met from a friend came to our house and saw the bird. We have two young children and didn't have the time that we used to have for our parrot named Murphy. I loved this bird and he still got the love and attention that he needed, but obviously my children came first. My daughter was scared of him. Murphy only would come to me and would try to bite anyone else. This friend of ours reached in the cage and was able to hold Murphy with no problem. He then offered to take Murphy off of our hands. He lived only with his father and had no children. He would be able to devote more time and give more training to Murphy. We had a verbal agreement that if he didn't want the bird anymore that he would give it back to me. Four months went by. We heard that this man came up missing. He abandoned all of the animals in the house. Animal control took Murphy and placed him in a foster home. Then the foster home placed him into another home. We finally found the information on the people who have him now. They have only had him for a week. We called them and at first they agreed to give us Murphy back. Within a couple of hours they changed their mind and are now refusing to give him back to us. We are going to meet with a lawyer. They know nothing about owning a parrot. He needs certain medical attention and they will not listen to us. Do we have a good chance in getting back the bird in a civil suit? Thank you for your time.

Answer: I don't think you have much of a case. You gave the bird away. If you want Murphy back and the new owners are unwilling to give him to you, I suggest you try to purchase him. Since the new owners have not had Murphy for very long, perhaps they would agree to sell him to you.

Question: We 'adopted' our neighbor's dog since September 2005. After they came back from their vacation, we took care of the do. The dog did not want to go back to them. They have been neglecting the dog, a miniature dachshund, terribly, never walked her, fed her once a day, if they did not forget completely, and had her fenced off in their small apartment so she would only pee and poop in certain areas. They left her alone most of the time. The dog just growled at them and hid when they returned from their trip. The other neighbor threatened with the animal rescue since the dog started barking and whining continuously. We then started taking care of the dog, first part-time, which means from 8 am to 1-2 am at night when one of them came to pick the dog up. And for the last three years, we have had the dog full-time. We all love the dog very much. She has become an integral part of our family and our 2-year-old daughter does not know a life without her. Now the neighbors are moving to another house in the countryside. According to the husband, the previous dog owner, his wife, will be very lonely up there since he works all day in the city, and wants the dog as a comfort. We can not give the dog away as they did more then three years ago. We do not want her to be treated so badly again. She is 13 years old, slightly blind and needs lot of love and care, which they are neither capable to give nor willing to. The dog usually ignores or growls at them. Now I was wondering what legal rights we have since we are not the "owners" of the dog. We paid the last two years vet visits, and have enough friends and clients that can testify that the dog is in very good care with us. What can we do?

Answer: If you have been caring for the dog in your home and at your expense for the last two to three years, I think you have a good argument that the dog was given to you as a gift or abandoned. However, it is unclear from your e-mail what involvement the original owners have had with the dog during the last three years or if you had any arrangement with them that would allow them to come whenever they want to take the dog back. Although they may sue if you refuse to give them the dog, there is a good chance they will not sue and that if they do, they will lose the case. Some people in an effort to avoid litigation offer money to the original owner of an animal. If you decide to resolve this matter by giving your neighbor money (and I am not suggesting that you do so or that any court would require you to do so), make sure they sign a general release saying that they have no rights to the miniature dachshund you have been caring for and that they have no further claim against you regarding that dog. Hopefully if they get another dog, they will treat the dog more humanely.

Question: In 2004 I had bought a small Chihuahua puppy while I was living with my ex-boyfriend. I paid for him in cash from a man I had found on craigslist selling him, I did not get a receipt for the purchase of the dog. My ex did not even want the dog and did not pay for any of his food, vet bills, etc. About a year later, we broke up and I moved out with the dog, which was fine with him at the time. Soon after the dog was not getting along with my roommate's cat, so I decided to let the dog stay with my ex for the time being while I found a new place to live. We had a verbal agreement that it was temporary and I would get the dog back. Since things were civil between us I had agreed to let him have the dog during the weekdays only since he was allowed to take the dog to work with him and that would be better for him than home alone while I was at work. That worked out fine for awhile, but then he wanted to have him over night and then it turned into him having the dog all week. I was fine with this at the time since I always got him back on the weekends. This past year I had to move back home to Oregon and it was agreed I would take the dog for a month at a time since me and my ex both make frequent trips back and fourth from here and Los Angeles. We had a verbal agreement that he would deliver the dog on Christmas Eve and he never showed up and his not answering my calls. He claims the dog is his and not mine to claim anymore. Is there any way I can get him back? I don't have a receipt for the initial purchase of him but I do have all his vet bills and e-mails from my ex stating our agreement.

Answer: If your ex-boyfriend won't give you the dog back, your only option will be to sue to attempt to get the dog. Since your agreements are largely verbal, it is probable that your ex-boyfriend will have a different story to tell than you do. The e-mails that you mention which allegedly confirm your interpretation of your custody agreement may help you. However, it is now four years since you purchased the dog and it is unclear from your e-mail who has been the primary caretaker for the dog, including paying for the vet bills and dog food, since you and your ex-boyfriend went your separate ways. Initially you state in your e-mail that you let the dog stay with your ex when your dog did not get along with your roommate's cat but it is unclear how long that arrangement lasted. You then discuss the dog being with him during the weekdays, then also at night on weekdays, and then every other month. At best after all this time it seems to me that you might have an argument for joint custody. When negotiating a custody agreement or in a lawsuit, I hope that you and your ex keep in mind what is in the best interests of the dog. The judge may not.

Question: I just recently moved out of my ex-boyfriend of three years home in Broward County, Florida, more specifically the city of Sunrise. During the relationship he purchased a teacup Chihuahua puppy as a gift to me because I had wanted one for so long. The receipt for the dog is in his name; however I have paid for every other vet bill, grooming bill, food and toy costs, etc. When I moved out I took the dog with me, and he filed a police report claiming that I stole the dog from him among other things. The officer that filed the report called me and asked my side of the story and said that he would file a counter report that states my side of the story that the dog is a gift and that the other items he is saying I stole ( a TV stand, and necklace) I have receipts for showing i paid for. The officer said that he would pass the counter report onto a detective and that I would be hearing back from the detective after that. My question is whether or not I will be charged with grand theft, and a warrant be put out for my arrest, as I have heard could happen since he has the receipt, or will the detective simply tell him to take this matter up with civil courts. To me this seems like a civil matter, but is there any way that I will be taken to jail or lose my dog in this situation???? Thanks for the help, I am so stressed, all I wanted was to get out of this relationship once and for all with my sanity and my dog!!!!

Answer: I cannot tell you what the police will do. Normally, when there is a companion animal custody dispute between two people who previously lived together, the police will not get involved. However, your situation involves more than the dog. I suggest that you consider hiring an attorney to contact the police on your behalf.

Question: My abusive and obsessive ex-boyfriend will not give my dog back. I am the dog's owner I am the one who bought him. When we were going out, he would dog sit for me when I would go on vacation or go to my grandparent's house because my grandparents are allergic to dogs. One day when I went to go pick up my dog, my ex refused to give him to me. We fought and argued and he still refused, he kept saying that I don't love and care for him the way he does so I can't have the dog back. This went on for a couple of weeks. Everytime I would go near the dog, he would push me away. He has even hit me and I have bruises on my body. He curses me and is verbally abusive. When I do the night shift until midnight, he follows me and harasses me. I am depressed, hurt, abused and my ex will not give me my dog back and that is all I want. I went to the police and they told me to go to small claims court, but I don't have money to pay for a lawyer. I put a court order on my ex because of his abuse, but that didn't stop him and his mother got angry and wants to take me to court. I don't understand, this is my dog I am the rightful owner. I paid for him and his papers are in my name. I need help to get my dog back from my abusive ex-boyfriend?

Answer: If you cannot afford to hire an attorney and the police will not assist you, you can go to court and bring an action for the return of your dog (known as a replevin action). In New York City, you can go to Civil Court. Outside of the city, you may have to go to Supreme Court (but check with the court clerk to see if there is a lower court in your area that has jurisdiction to handle an action for replevin). Usually court clerks are good resources for pro se litigants (people who are representing themselves) to prepare the necessary paperwork. You may also contact the various bar associations (some have volunteer lawyer programs) and the Legal Aid Society to see if there might be any interest in your case.

Question: My boyfriend and I had bought a dog. We split all costs down the middle from paying for her to all her shots to food and toys. We broke up and when I wanted to take our dog he threatened to do everything in his power to stop me, even if that meant hitting me. I don't just want the money I want the dog, so I know small claims court won't work. However, he lives in an apartment complex that does not allow dogs and they have threatened to evict him, but he always hides the dog so they have not been able to prove he has her there. He still does, because a friend of mine living in the complex still sees him with the dog there constantly. I, however, live in a house where I can have a dog. I have offered to buy her back from him and he refuses. I live in Arizona now and he lives in Washington still. How do I get her back?

Answer: You should hire an attorney to commence a lawsuit.

Question: I am fostering three felines for a local humane society. I volunteer at this humane society. One feline has FIV, others have health problems. I take them to my own personal vet for care. I pay for this care. They have been with me for approximately four months. Are they legally mine, since I use my vet for health care and pay for this myself? thank you.

Answer: The answer to your question depends on what your agreement is with the humane society. You stated that you are "fostering" the cats for the local humane society. This implies that the humane society owns the cats and you agreed to care for them on a temporary basis. The fact that you are paying for the animals' health care in and of itself does not give you ownership rights.

Question: Hello, My husband at the time bought a bull terrier pup for $1500. I am a co-owner on his license as well as at his vet. I have always paid for all his vet, and grooming needs. I have separated from my husband and filed for divorce he has the dog at "our" house, and refuses to let me take him even for visits. Can I do anything legally? He said he rather give the dog away than give him to me! Like I mentioned I am co-owner on his dog license and all other paperwork related to him. What rights do I have? What can I do? Can I include him on my divorce papers? Please help!

Answer: You should speak with your attorney who is handling your divorce. Clearly, unlike other property, you cannot divide the dog in half but you can have a custody arrangement which would provide each person with time with the dog. It is unclear, however, if the dog was purchased prior to your marriage or if your husband gave the dog to you as a gift. In any event, yes, it is normally wise to include the dog in divorce papers. I suggest that with the help of your attorney you try to work out an amicable arrangement with your soon to be ex-husband that will work for you, him, and the dog.

Question: I need to know how to change to owner of our pet to me. My husband's name is currently the only one and I want to be named as owner. There are no issues with my husband, we are very married, but I need to be listed as the owner.

Answer: It is unclear from your e-mail in what document or documents your husband is listed as the owner of the dog. Is your husband listed on the dog license, veterinary records, and sale or adoption records? While you can ask a vet to add your name as owner and you can try to get your name added to the dog license records, if there is a custody dispute, your name being added will not in and of itself prove ownership. I suggest that as awkward as this may be, you enter into a written agreement with your husband regarding custody of the animal in the event that you separate. I also suggest that you speak with your husband about your concerns and see if he will cooperate in adding your name (or removing his name) to wherever his name is listed as the dog's owner.

Question: My husband and I purchased a Doberman pinscher in 2006 for $600 (a reduced pet price) under certain conditions. 1. That we show him and get his championship as long as remains showable, 2. The person we bought him from retains breeding rights, and 3. That he not be bred without her consent. Despite our efforts he mated with our female and a litter resulted. We informed the breeder who was very upset. I asked her how we could fix the breach and she set out some terms. We have abided by those terms. However, at a dog show in her town, she was holding his lead ringside and when I wanted to leave she refused to let me have him. A scene was made and the police were called to the dog show site. They of course would not intervene and we have to sue her for the return of our dog. Our contract is not a co-ownership contract and makes no provisions for consequences if either party breaches. She breached our verbal agreement by stealing him. Since we were new to the dog show world she suggested at the time that we put her name on the AKC papers because her name was known and ours wasn't. Now she's claiming she is one third owner based on the fact that she is a registered owner according to the AKC. Does this give her any legal standing to claim ownership that would supersede our purchase agreement where it is clearly stated that she sold him to me and my husband? We reside in Arkansas but she lives in TN and stole him in TN and he was purchased in TN.

Answer: She probably would have legal standing to make her claim but that does not mean she will win the case. If she is only claiming one-third ownership, then she may not have a strong case on the right to custody of the animal. Your attorney, I am sure, has reviewed your contract and can best advise you on your rights.

Question: My daughter's husband found a stray mini dachshund running through the streets as he was driving and stopped picked up the dog and asked someone nearby if they knew the owner They said, "Oh that dog has been running around here a couple of days." They took the dog to a vet, who detected an inactive chip, traced the manufacturer and found the breeder who supplied the phone number of the owner. This was in June of 2007. My son-in-law called and the owner who said her mother was allergic to the dog - she had given it to someone to take care of and was not aware it was lost. She said she could not take it back and did they know anyone who wanted it. When my daughter arrived home from work they discussed it and decided they would keep the dog, but my daughter called the owner back to reconfirm that she did not want it. The owner did confirm that she did not want the dog and said she would send the dog's papers. My daughter asked that she send any vet records to make sure the dog was in good health. My daughter never received any paperwork and never heard from the owner again. My daughter and son-in-law took the dog to their own vet to make sure it was healthy. My daughter was pregnant at the time and kept the dog until she went into labor late November 2007; I took the dog into my care at that time and have the dog. Working full time, caring for a home, commuting and having a new baby (and 3 cats - that the dog played with) is enough for her to handle. We live nearby so she sees the dog and he gets along fine with mine. Earlier this week she gets a vague call saying the person calling wanted to speak to her about the dog's papers...this is 483 days later...my daughter calls and the woman gives a first name only and asks my daughter all different questions about the dog, is it with children, that the dog likes kids, she has the dogs papers, what is your address. A child was never mentioned previously...then my daughter gets a call from Texas...within 2 minutes...from this woman's sister who is more insistent that she give the dog back...that now their 8-year-old niece wants the dog. Then the phone rings again and it is the 8-year-old! My daughter said "put you mother on the phone" and the girl's mother comes on (fourth person within minutes) and says oh my daughter has cried for this dog. My daughter was stunned and very disturbed by these people. We have cared and loved this dog since the day it was found, also had multiple vet visits for a health problem and just feel these people are threatening "well if this is going to get ugly" and "and if we have to take you to small claims court"...Firstly, this dog is now a happy member of our family, second, we don't trust these people and fear ever giving back a dog to people who never reached out again in 483 days and throws a child into the mix as well...lastly, they did say they would reimburse the vet, but that is not even a fraction of the daily care and love we have for this dog and the emotional stress they are putting us all through, particularly my daughter, a young new mother. Can you please offer us some advice?

Answer: At this point, I suggest you wait and see if the previous owner of the dog commences a legal action. Typically, small claims courts will only consider claims for money, not the return of animals or property. These courts sometimes will allow the losing party to either pay for the value of property or an animal or return an animal or property. If the prior owner chooses to sue for the return of the animal in the appropriate court (since as I mentioned, small claims courts may not provide her with the remedy of the return of the animal), she will probably need help from an attorney. Because of the time and expense involved, oftentimes people do not pursue animal custody lawsuits unless they truly care about the animal. In any event, based on your e-mail it sounds as if you would have a pretty good case if you are sued, regardless of the court.

Question: I have a 7-month-old puppy and I was the sole provider for him. All his paperwork, medical records as well at NYS license is under my name. I had to go for back surgery in the end of July and asked a friend to take care of my puppy while I was recuperating. After I got clearance from my doctor (about a month later) I asked my friend (who I was keeping in contact with everyday) to either bring my dog back or when was it a good time to come get him. He now refuses to return the dog, stating that he was his sole provider. I found a lawyer but they were charging an outrageous price. Please guide me in the right direction; I can use all the help I can get. Thank you.

Answer: I can only suggest that you try to find an attorney who will charge a fee that you are willing to pay. Based on what you stated in your e-mail, it sounds as if you would have a fairly good case. However, your friend may say that you gave him the dog, not to board, but as a gift, and then it will be up to the judge to determine who he/she believes.

Question: My boyfriend's uncle gave us a dog and now my boyfriend uncle's girlfriend is saying that if we don't let her see the dog she is going to take us to court and try to get the dog back. We have had the dog for five months and it was a verbal agreement. There was no release of ownership papers signed. She says the dog was given without her consent during a difficult time in her life. (We asked if we could have the dog's papers when we first received the dog and his uncle said he would have to find them.) Now she is saying that she has the papers and it will be easy to win the dog back. We have vet bills and we got the dog licensed to us. Plus we have had the dog for five months. I'm just wondering are the papers that she has enough to get the dog back, and if the dog was given without her consent then why did she wait five months. I'm just wondering if she has a case.

Answer: It is unclear from your e-mail why you won't let the woman see the dog. If just seeing the dog is all she wants, that might resolve the matter. Just because she has the dog's papers does not mean she will win a case to get the animal returned to her. A judge will consider all of the evidence presented.

Question: My boyfriend gave away our 6-month-old kitten about two weeks ago to a friend. To my knowledge it was supposed to have been a 'temporary' living arrangement with him until my living situation would allow me to keep him. However, he now refuses to return my baby to me. He claims that the kitten is now settled and is a good playmate with his own kitten. Regardless, my kitten has more sentimental value to me than it does to him, and I think it's unfair for him to keep him. Because he is not voluntarily giving Simon back, I may have to pursue legal action. The problem is that I have no proper documentation of ownership because I got him from someone else. Despite not having official papers, would vet papers and the like suffice? I've taken care of all his medical bills and vet fees as well as provided food, toys and everything that a kitten would want since I've had him. I'd just like to know how I can get my baby back.

Answer: If the person who now has the cat will not voluntarily return the cat to you, you should consult with an attorney in your area about a lawsuit. While it may be helpful that you have veterinary records, it is difficult to know how a judge would decide this case. The person who has the cat may say that the cat was given to him as a gift. Then the issue as to the right of your boyfriend to give the cat away will have to be considered. Keep in mind that these lawsuits can take time and be costly so it is usually best to try to work out an amicable arrangement (which could include visitation, shared custody) with the person who has the cat. When doing so, also keep in mind what is in the best interests of the animal.

Question: My boyfriend and I just broke up a few months ago. We got a puppy right before, which I paid for on my credit card for $1,300. I also paid all the vet bills. Everything is under my name. He forbid me to take the dog and I didn't because I was afraid of him. We are trying to work things out, but in case we don't and if he doesn't let me see her, what are my options? I want us to be civil, but sometimes that doesn't happen. Would he be forced to give her to me? I have all the proof I need.

Answer: If you cannot work this out with your ex-boyfriend, I suggest you hire an attorney to bring a lawsuit to attempt to get the animal returned to you. I cannot tell you that you will win your case but based on your e-mail you certainly have good evidence that demonstrates a claim to the animal. Keep in mind, however, since you left the animal with your boyfriend, he may argue that you gave the animal to him as a gift. You also mentioned that "we" got a puppy…" so it is also possible he will have additional arguments to show that he has some rights to the animal. Again, if you cannot reach an amicable agreement (preferably in writing) with your ex-boyfriend and you want to pursue your claim, you should hire an attorney.

Question: I have a cat that I purchased under my name. All the vet bills are in my name. My ex-boyfriend is moving back in town and I am terrified that he is going to take her because two years ago when I was considering moving, I told him that IF I moved to California and was not able to take her that he should find a home for her because I did not want him to keep her. When we broke up, it was a very bad break up and the police were called because he had attacked me but I decided to not file charges just to avoid having to draw out the break up. It has been almost 2 years and we went to school together for one more year, we saw each other often and he has never once asked me about the cat, never contacted me about seeing her or anything. I have this gnawing fear that he will try to claim that she is his now that he has a new home and will not be living in a dormitory. What should I do? I am terrified of him and want to make sure he can't take my baby away. Please help me.

Answer: Just make sure that you keep your cat protected and secured so your ex-boyfriend can't go and take her. I doubt that he will sue you for the cat but if he does, based on your e-mail you should have a good case. Again, since you mentioned your ex-boyfriend attacked you, he may not always play by the rules so it is very important that he not get access to the cat. If he steals the cat, I suggest you contact the police.

Question: Although I am an animal lover, under too much stress, I wanted to put up my two lovely dogs for adoption. They should have been adopted together, but one only got adopted. With a heavy heart, I regret my decision very much, and became very depressed to the point that's affecting my health. Not only I am suffering for his loss, but also the other dog that's left behind. It has affected him tremendously. He is not eating, howling during the night off and on and keeps looking for his buddy. Therefore I requested to get the dog back, and I promised to pay the adoptee the money she paid plus money for a new dog. I pleaded over and over for the return of the dog, but was not successful. My question is, does the previous owner have any rights to claim their dog back? If so, after how many days after the adoption. does he or she have any rights at all?? Do I have to seek a legal action, or is there a better way to resolve this problem. I am heartbroken, and I hope you can help me before I loose both dogs.

Answer: The success of any lawsuit you may choose to pursue is largely dependent upon the terms of the adoption agreement. If you have no written agreement giving you the right to reclaim the animal, you probably don't have a particularly strong case. I cannot think of anything else you can do to attempt to get the dog back (other than a lawsuit) if the adopter is not willing to return the dog to you.

Question: My girlfriend and I have had a dog for about 8 months. She was given to us from her parents who got her from friends. The friends of her parents paid close to $4,000 dollars for two dogs. They soon realized they couldn't take care of both of them. They gave her to my girlfriend's parents. They were going through many situations, and decided to give her to us. However, the only reason my girlfriend wanted the dog was because of me. I took care of the dog. I pay for the groomers, vet, food, treats, toys, etc. Anything the dog needs, it comes from my pocket. My girlfriend refused to pay for anything because I was the "care taker" and it was my choice to keep the dog. We lived at my apartment and my girlfriend's name is not on the lease and my dog has stayed here the entire time. She bought a condo and we were going to move in together but, we just broke up. Before the breakup the dog would be wherever I was staying. If I stayed the night there, the dog would too. But when I came home she would come home. When the breakup happened she said she didn't want the dog. Her mother, however, is now wondering if she wants the dog back. I don't think it is right for her to be able to take my dog back when I have been the primary care giver. Can you help me with this situation? Thanks.

Answer: If the dog was a gift to you, your girlfriend's parents no longer own the dog and they should have no further claim to the dog. However, since the dog was also a gift to your girlfriend, she, along with you, has some say in what happens to the dog. If the case ever got to trial, you may also argue that your girlfriend subsequently gave you her interest in the dog as a gift, although your girlfriend may have a different view of this. Since you cannot split the dog in half, it would be best if you could resolve this matter with your girlfriend and her parents in the best interests of the dog. You might wish to see if you could purchase your girlfriend's interest in the dog. Make sure if you proceed this way, you get a signed statement that in consideration of the money you paid, your girlfriend loses all interest, claim, or ownership in the dog. It would be advisable to have her parents sign an agreement as well since you indicate that they might want to claim the dog. You may wish to consult with an attorney in your area who can provide you with a general release form. Since you have possession of the dog, you are in a better position than the others. They would have to sue for the dog and that type of lawsuit can be costly and take time. Based on the information in your e-mail, it sounds as if you would have a good case. However, as with all cases, both sides rarely tell the same story so it is very possible your girlfriend and parents will set forth the facts differently than you have.

Question: During the summer of 2007, there was a stray dog that kept coming in our yard. I asked around and asked if anyone knew who owned the dog. No one knew. On August 5, 2007, I received a knock on my door and a man asked of I was still interested in the dog. I was. He brought the dog over to my house. The dog was starving, worms crawling all over it and had numerous dog bits. (This is a pit bull). Because of the condition of the dog, I did take it and the next day brought it to the vet. $2,000 later the dog is fine. He has been with us ever since.

On July 20, 2008, I received a knock on my door and the original owner of the dog wanted him back. He called the police and the police made me hand over the dog. I explained to the officer the condition of the dog and that I have the statement from my vet where the vet felt that this was an abused dog and was being trained for fighting. The officer said it does not matter that he still has the paperwork on the dog. I did not receive the dog from him. I received the dog from his friend. Last year he gave the dog to his friend and said that he would be back to get the dog. Six, months later, he still did not pick up the dog and that is the time the animal was given to me.

I asked the owner if he ever contacted any shelter to see where you dog was. He said no. He also said to me since I had him fixed he is going to sue me. This was an abused animal in need of medical attention. If I did not provide the medical attention the animal would have died that week. Do I have any rights? I am suing him for the medical bills and food, I really don't care about the money, I want the dog back. He left that dog months prior to me getting it.
The officer said that I cannot blame him that the dog was abused. I disagree, if he says that he is still the owner than was he not responsible for the care of the animal? I have strong documentation and photos from my vet that shows that this was a neglected animal. I did not steal this animal. This animal was given to me. Also while the police were at my house, the person that gave me the dog showed up and he explained to the police the condition of the animal and that he had contacted the owner about the condition and the owner did nothing about it. Do I have a chance on getting this animal back?

Answer: You can sue for the return of the dog. However, from your e-mail it sounds as if you are just suing for money. In lawsuits where just money is sought, typically judges will not order the return of property. In fact, some courts do not have jurisdiction to order return of property. All that said, I have found that sometimes courts try to mediate property and animal related disputes and occasionally will order someone either to return property or animals or pay a certain sum of money. However, when one's goal is the return of an animal, it is best to sue for the return of the animal, and not just for money. It is also advisable to have an attorney represent you. In such a lawsuit, you would want the person who gave you the dog to testify that he believed he had title to the dog at the time he gave you the dog. Essentially, the court will have to be convinced that he had the right to give the dog to you. Under New York law, when a person leaves an animal with another person for boarding, the animal is not deemed abandoned until the person with whom the animal was left sends letters by registered mail to the person who left the animal giving such person an opportunity to redeem the animal. If this was not done, a court could find that the original owner did not really abandon the animal although one cannot know for sure how a judge would decide a case where neglect is proven. In addition, if there is evidence of the dog's mistreatment, your local humane society/society for the prevention of cruelty to animals should be contacted. In New York, societies for the prevention of cruelty to animals have the right to make arrests and issue summonses to those who violate animal cruelty laws. They also have the right to seize animals. In such cases, owners can lose rights to the animals.

Question: I'm going to try and just give the facts without the emotion that inevitably comes with them. I was dating a guy. He spent $100 on a puppy as a birthday present to me (but the dog was to be ours). After managing to avoid abusive men completely, I realized after we got Stuart that I was dealing with a very dangerous man. I moved out of his apartment, but would come over every day while the guy was at work and spend time with Stuart. Then, when the dog was about 4 months, the apartment where he lived told him that he had to get rid of him or move. So then the dog came to live with me at my apartment.

This has been a source of constant fear, stress, and panic at times for over 4 years now. I have the dog right now and I've done everything possible to try and "keep the peace" with that man, mainly because I'm terrified of him. But, I've recently decided that I am no longer willing to put my baby in a violent, dangerous and scary situation just to "keep the peace." Over the last 4 years, Stuart (the dog) has been with me probably 85-90% of the time. Bottom line is that this man abuses women and the last time he demanded to see Stuart, my baby was literally shaking when he got out of the car, and while the guy was trying to get him upstairs, he bolted back to my car and tried to jump through the window. He's scared of him, just as I am, and probably every other woman who he's been intimate with.

My question is, what can I do to make it where he can't just come and take him from me, because he threatens to do it all the time and I don't doubt it. I've thought of so many things, but I'd really like to know the legal way to go about this. Also, I'm about to be gone for a month. My mom is more than willing to have Stuart here, but she is also intimidated by the guy, and I know that he would take him- regardless of my mom or anything else. Help!!!!

Answer: Normally when one gives an animal as a gift, the person giving the animal has no further rights to that animal. However, since you have allowed this man to visit with the dog for four years, you might have a difficult time proving that the dog was a gift and not jointly owned. I can't really advise you on how to deal with a violent man who would take an animal regardless of what your mother might say. Ideally, you would find a place to move where this man could not locate you or the dog. You may also try contacting the police although it is unclear to me from your e-mail what this man has done to you or the dog to justify the police taking action, such as giving you an order of protection. An order of protection would require this man to stay away from you. For further information, contact an attorney in your area.

Question: I have a 3-year-old Springer spaniel that my mother, who passed away, bought me for my birthday on May 15, 2005. He was 3-months-old then. I stayed with my mother's friend with my dog until sometime of July 2007. Because of a problem at the house, I had to move out into an apartment that wouldn't allow pets, especially dogs that are of a larger breed. My ex-boyfriend asked his parents if they could take him so he had a place to stay until I found somewhere for my dog to stay. They agreed verbally that he could stay until I wanted him back or found somewhere for him to stay.

We ended up breaking up in January of 2008 and I tried to get my dog back and they wouldn't let me take him, even though they said I could take him when I wanted to. I even offered the mother money so I could take him that paid for some part of what he has cost them. I mean it wasn't a lot but it was what I had on me. I am 16 and I don't no how to go about getting my dog back, my mom passed away and it was a gift from her to me. The dog is something that we shared a special bond with and I don't know what to do or where to start. I don't know if I should take them to court and try to get custody of him or what I should do.

My ex-boyfriend licensed him after we broke up and put it in his name they also have some current vet bills. And all I really have is bills and some papers from when I took him to the vet from when I first got him to about sometime in July of 20007. I don't know exactly what happened to all the papers because the dog was under my mom's name and no one knows where she put the papers.

So, my ex-boyfriend has had the dog for about a year now, but we have been broken up for about 5 months and I was around the dog everyday while we were together, but soon as we broke up I wasn't able to see my dog anymore. So I was hoping that you could possibly give me some advice so I could attempt to get my dog back, I would greatly appreciate it because he means more than life to me and I cant handle being away from him any longer. Thank you very much.

Answer: If they will not give you the dog back voluntarily and you want to attempt to get the dog returned to you, you will need to hire an attorney to commence a legal action. Since there is nothing in writing to prove your case, it will be up to a judge to determine who he/she believes is telling the truth about the dog custody/ownership agreement as well as your rights as a minor to enter into a binding agreement in the first place. As you consider hiring an attorney, please consider if the dog is now happily situated where he has been for the last year and the time and money needed to care for a dog.

Question: I was given a Cocker Spaniel from my aunt because she couldn't take care of it. She had already tried to give it to my sister, which suggested given it to me instead. My aunt agreed. She has had medical problems and was unable to continue caring for the dog. When she brought me the dog, she said she had fleas and showed me a mass that was growing on her left ear. Before she left she was saying by and made a remark that she would like to see the dog sometimes and perhaps get her every once in a while. I didn't think much of it then. I attempted to bathe the dog but the water turned red and brown and fleas were everywhere. After attempting two baths I contacted a groomer and she said she would take her in that day since it was an emergency due to flea infestation. The groomer had fleas jumping everywhere and had to bathe her twice. The next day I took her to the vet and found out that she had scabies, along with this flea infestation. She also had damaged paws, near ear infection, dandruff, skin disorder, ticks, mass growing on her ear needs to be removed and tested for cancer, etc... The list goes on. With all of that said...our vet put the dog in quarontine for a month while having treatment for the scabies. The dog could not be around other animals or people. The vet said to keep her at home to prevent the chance of spreading the scabies to others. I ended up having three rounds of revolution and the dog was quorontined during this time. I told my aunt all of this and she still wanted to take her for the weekend. I explained that she needed to disinfect her house and spray her yard because of the flea and scabie outbreak. She continued to want to visit with her so I allowed her to come to my house. She persued with the issue of taking the dog to her home. I finally was fed up with the whole thing and told her she was not taking the dog to her home and that if she wanted to see the dog she could at my home only. After this, she flipped out making a huge scene in front of our neighbors and wanted to buy the dog back. I told her the dog isn't for sale and she said she will bring me to court for visitation. QUESTION: After all the treatment and time put into the care of this dog am I still legally obligated to allow her vistation. The comment she made about visiting was not said as a condition on giving the dog to me. Now she acts as if she said that she was giving the dog on the terms of having visitation which isn't true. What should I do legally and where do I stand as the new pet owner? I have documentation from vet and groomer, receipts, and statments from witnesses. I would really appreciate a response to my question. Thank you.

Answer: If your aunt unconditionally gave you the dog, you are not legally required to allow visitation or to allow your aunt to take the dog. I suggest you simply wait and see if your aunt commences a legal action against you for visitation. Since your aunt tried to give the dog to your sister, then in front of your neighbors offered to buy the dog back, and the dog was in such poor condition when you got the dog, I think she would have a difficult case.

Question: My ex-boyfriend bought a puppy for me when we were still together, about a year ago (April 2007). She lived primarily with me, but spent the night at his house occasionally. We shared expenses. I paid for vet bills though. I moved from PA to MD in September and the dog moved with me. He was perfectly fine with that. From September on, I paid for all of her expenses, including pet rent and a deposit for my apartment. We broke up in late January. He told me he did not want the dog back. I heard nothing from him, except twice he called to see if he could see her. I told him he could, but when I was in PA visiting my parents and when I was not at the house at the time. He refused to come and see her. Yesterday, I get a letter that a civil action suit is being file against me and that I "stole" the dog. I have all documentation that I have been paying pet rent and vet bills. Do you think I have a good chance of winning this? He has not seen the dog in almost four months and her license is in my name.

Answer: Based on the information you provided in your e-mail, it sounds as if you would have a good chance of winning the case. However, since your ex-boyfriend filed or plans to file the lawsuit, I suspect he will not concur with your statements. For example, he may testify that he purchased the dog and that the dog was not a gift to you. He may further testify that he was not fine with you taking the dog from PA to MD. Your documentation about the vet bills, license, and pet rent may help your argument unless the judge believes that you did not have the right to take the dog in the first place. Ideally, you and your ex-boyfriend will agree outside of court on what is best for the dog. Sometimes judges will decide a case on what is best for the animal but more often than not judges will look at the facts to determine who they believe "owns" the dog.

Question: Briefly, I bought a dog for $400 from a strager. 3mths later a couple claims its their dog (they are breeders more intrested in profit not the dog). They show me pics, tell me the wind blew their gate open around the time i bought dog. All matches. However, this dog is too expensive, i dont want to lose her i offered 400dlls. They wont settle and are taking me to court what should i do?

Answer: I don't know how much the breeders are selling the dog for but it might cost you less money to purchase the dog than to hire an attorney to represent you. I cannot tell you how strong a case you will have since I don't have sufficient information about the circumstances under which the stranger acquired the dog to know whether or not he/she had the right to sell the dog to you. It is also unclear what evidence has convinced you that this dog is a match to the dog who the breeders lost. Based on your e-mail, the dog must be purebred. Many purebred dogs look alike so a photo would not necessarily prove much. If the dog has any special features which may be noted on the dog's prior veterinary records, that might help their case. If such records don't exist, that may help your case. I suggest that if at all possible you get in touch with the stranger from whom you purchased the dog and get more information about the dog's history. If the stranger found the dog, what efforts did the stranger make to locate the dog's owner. For example, did he/she put up signs and contact the police and local shelters? Courts will normally want to know this information to decide whether or not an original owner lost rights to the animal. In other words, did the stranger own the animal when the stranger sold the animal to you? If the stranger acquired the dog under suspicious circumstances and did not take the proper steps to report that he/she had a found animal, you may have a difficult case. So again, the strength of your case will depend on what rights the stranger had to sell you the animal and what proof the breeders have that this particular dog belongs to them.

Question: My girlfriend and I recently split up after nearly 4 years together. We have a two year old bulldog that we purchased as a puppy. The cost of the dog was $2300. She paid for $300 while I covered the $2000 part. The dog is registered in both our names. Since we got him, I was the sole provider for both of them, meaning I paid for nearly all of his food, toys, vet bills, and training, as well as a home for both the dog and her. Most of these records were all kept, but when she moved out, she took most of the bills and his registration from my files without my knowledge. The verbal arrangement right now is joint custody ? I take him half the week, and she takes him the other. After 4 months since she left, this arrangement is wearing very thin, as both of us can't get along anymore, and I am the only one who can drive. Recently, on an afternoon she had him, he was bitten by another dog. I was not informed of the incident until 2am the next morning, when she called in a panic about him when she discovered a couple of puncture wounds from the fight. She claims that she didn't tell me immediately because she thought I would be mad. I'm still not quite sure how she didn't find the wounds when the incident happened, as she won't give me a clear answer. I understand that the circumstances of the incident were not entirely in her control, the part that bothers me is that her reaction to what happened was very questionable. Luckily, the dog was not seriously hurt. My concern is if she is fit to handle a more serious situation if it were to occur, which is making me consider taking the dog full time, ending our joint custody. There's no doubt that we both care for the dog. But I feel that he would be better off in sole custody of one of us. As I can provide a stable environment for him, with all of his expenses covered, and plenty of attention (he comes to work with me everyday), I feel that I should have custody. I know not having all of the paperwork in my possession could be a problem, but is there anything I can do? I really appreciate any advice you can give! Thank you.

Answer: If you and your ex-girlfriend cannot reach a new amicable agreement regarding custody, you will need to consult with an attorney in your area to discuss the possibility of a lawsuit. However, since you already have an agreement with your ex-girlfriend, albeit verbal, I am not convinced that a judge would grant you full custody. Generally, courts consider animals as property and do not focus on the best interests of the animal. Even if they did, I doubt whether the incident you described would cause a judge to find that your ex-girlfriend is an unfit pet parent.

Question: We live in Virginia and our teenager brought home a kitten begging us to let her keep it. It is about two years old now. My stepdaughter turned 18 in Feb 2008 and moved out of the area in with a 34 year old man, it lasted 4 days. Then she moved in with her grandparents, where she has been for the past 2 1/2 months. Now she wants to move to NY to "visit" her birth mother, who hasn't ever really been in her life and she wants the cat that she left behind with us. This is the 3rd move in 3 months and we don't feel that she is in a stable situation and able to care for the cat properly. We have always paid for the food, litter, and taken care of the cat. The cat has "issues" urinating on the furniture and on everyone's clothing, but after our daughter moved out, the cat stopped. The cat is happy and content now. We feel that her taking the cat with her for the "summer visit" would only tramatize the cat and cause the urinating to begin again. If it doesn't work out, what happens to the cat? We have agreed to let her take the cat once she settles down and finds a more permenate living situation, but she is insisting that we give her the cat now. Her birth mother has a history of calling the police on us for everthing, for example if we don't have her return her call the same day, she has called the police and social services. I'm sure her birth mother will try to get the police involved again. Does she have any legal rights to this cat?

Answer: Since your stepdaughter brought the cat home when she was a minor, the cat lived in your home, and you have paid for the cat's care, it is very questionable whether your stepdaughter owns the cat. Based just on the information in your e-mail, I doubt a court would order you to give the cat to your stepdaughter to take on her visit to New York.

Question: Hi. In March of 2008, I found a dog in a rural area of Alaska where no one was around for at least 45 miles. The dog was in the snow and would have surely died had I not taken her in. I immediately called the police, humane association, the radio station (we only have one), posted signs downtown and on a local community website. I also was working for the vet clinic at the time and had her with me everyday. No one claimed her. After 1 month, we decided to keep her. We've microchipped her and licensed her with the city in our name. Seven weeks after finding her, the original owner confronted me in a parking lot claiming that my dog was hers. I told her if it was, it was too late and asked her why she did nothing to find the dog. She said she didn't know she was supposed to contact anyone about it. Now she's taking me to small claims court to get her dog back OR $2500. She doesn't necessarily want the dog back. I did everything in my power to find the original owner (IN A TOWN OF 3500 mind you). What are my rights?

Answer: Given the lengths you went to find the dog's owner and the lack of effort on the part of the owner to find her dog, I think you should have a good case. In a Vermont case on this issue (Morgan v. Kroupa), the court stated, "Where the finder of a lost pet makes a reasonable effort to locate its owner, and responsibly cares for the animal over a reasonably extensive period of time, the finder may acquire possession of the animal."

Question: I'm 16 years old and living with my dad, however that is a recent change. I used to live with my mother (my parents are divorced and have been for a year now) and at her place I kept my cat and gecko. The gecko was given to me as a 13th birthday present and getting her to my dad's place was no problem. The cat however has proven difficult. From the day we adopted her I told my mother and dad that I would be taking her with me when I left for college, it was agreed that I could do so. When I asked my mother to let me take the cat to my father's place she said I could as long as he said yes, which he did. When the day came for me to take her home my mother refused to let me take her. Even though she had previously agreed I could take her and now claims it never happened. I have a witness and a verbal contract with her. There has never been any dispute on weather or not the cat was mine. I paid for her, I take care of her and she has always been mine just not legally under my name because you have to be 18 to purchase an animal. My dad is in favor of bringing my cat to live with us, but mother opposes. What if anything can I legally do to bring my cat to live with me? What laws should I know about? (Note: I continually call her my cat because my mother also has a cat there, which I am not trying to bring over here and that has been clearly stated that I am not.)

Answer: Since you are a minor, your mother and father will need to work this out. Also keep in mind that most dormitories do not allow animals and you may not be in a position to care for the cat when you are away at college. Also keep in mind that cats tend to get accustomed to places and if the cat is happy where he is, it might be in the cat's best interests to stay there.

Question: I am the original breeder and co-owner of a stud dog . I do not have written contract being that the person that owns the other half of the dog at the time we were great friends. I let her take the dog and put her on the papers with the agreement that the dog could come home for shows/breedings and anything else I might need him for. I live in WA and she lives in HI. I had two dogs from this breeder and found out in January 2008 that the sire and grandsire are affected with PLL (Primary lens luxation) and I opt not to keep the dogs. I do not breed dogs with this inherited eye disease. However this person will not come forward with her problems and I have mentioned I do not want my dog with my kennel name used in any of her breedings. She has proven to be unethical. Do I have a leg to stand on in requesting the dog be returned and she has refused to even let me use him for shows or breeding? Thank you

Answer: Since your agreement regarding the return of the dog is not in writing and you let her take the dog to Hawaii, I think it will be difficult to prove that she agreed to return the dog to you for shows, breeding, etc. I suggest you consult with an attorney in your area. You may wish to have him/her send a letter to the breeder demanding that the dog not be used with your kennel name or be returned to you. You may also wish to contact the Attorney General in Hawaii and consumer affairs department in the area where the breeder lives if you believe that the breeder is misrepresenting her dogs when selling them.

Question: My ex-fiancé gave me a puppy for my birthday 4 years ago. We took care of him jointly/equally in every way until August 2006. In August of 2006 my ex left me, dissolving the engagement. Between August and November I lived with the dog alone in our house while my ex lived with friends, occasionally spending the night at home, and I took care of the dog. In November I moved out into a small studio and the dog stayed with the ex in our house. I took the dog whenever I could on weekends and took care of him when ex was away. I repeatedly offered financial and logistical support in caring for the dog, which was always turned down, except for 100 dollars at Christmas, which was accepted after a long debate. I always made it clear that my move was to escape an emotionally destructive situation, and recover financially (hence the small apartment) and that it was temporary (1 year lease) and it was my intention to move into a bigger place and share the dog 50/50. No formal agreement was reached, other than the ex asking me to increase my time with the dog gradually after my move to ease the transition, to which I agreed, because the dog had moved a lot in the past year and a half. Now that I live in a bigger place and am trying to spend more time with the dog, the ex says it's his dog, and that I forfeited when I left our house, and he'll tell me when it's ok for me to see him, but that he NEVER agreed to 50/50. He said I made the choice to leave and not care for the dog (again, he refused all help), and now I have to do as he says. I am at my wits end from being jerked around and having my feeling toyed with and insulted. I am not sure this person is capable of sharing amicably, and is unfortunately using my love for the dog to keep me on a leash. What are my rights, considering that the dog was a gift to me? Ex does not deny this, simply says I gave it up when I left. The dog is registered to him. He has a local license and tag in my name, as well as recent vet records in my name.

Answer: Since your ex has the dog, you would need to commence a legal action to try to regain possession. If you sue for custody of the dog, it is possible you will win if your ex agrees that the dog was a gift to you. However, since you moved out and left the dog, your ex may argue, as he already seems to be, that you then gave him the dog back. It is really hard to know how a judge would decide this case based on the facts you presented. It is possible a judge would order joint custody.

Question: Hi, my name is Michelle and recently I have found a dog and I have been looking for its owner lately. I want to know if the owner doesn't show up, will it legally be mine. If so, how can I vaccinate the dog if I do not know sort of record the dog has?

Answer: Make sure you make a concerted effort to find the dog's owner (guardian). This is important for several reasons. One reason, of course, is that the dog could be lost and the dog's family could be looking for him/her. It is also important to understand that when people find animals, courts will look at what efforts the finder made and what efforts the person made who lost a dog in determining custody. A finder should contact the police, local humane societies, and any petfinder group in the area that tracks lost and found dogs and cats. The finder should also put signs around the neighborhood where the animal was found. The person who lost the animal should do the same. Also, section 363 of the Agriculture and Markets Law of New York State states that "The unauthorized possession of a dog or dogs, by any person not the true owner, for a period exceeding ten days, without notifying either the owner, the local police authorities, or the superintendent of the state police at Albany, New York, of such possession, shall be presumptive evidence of larceny." The purpose of this law is to prevent dog theft. There is no specified amount of time that makes a finder an owner, but the more efforts one has made to find a lost dog's owner and the longer a person has kept a found dog, the greater is the likelihood that a court would determine that the finder can keep the dog. With respect to the vaccines, a veterinarian could best advise you on how to proceed with that. Vaccinating dogs and cats with unknown histories is fairly common. Many animals at shelters have unknown histories and are given vaccines even though they might have already been vaccinated during the same year.

Question: My roommate and I are parting ways. We have lived together for four years. Now that things have gotten bad he wants custody of the cats. I found one of the cats in question. He paid for shots, and I paid to get her fixed. I currently have Lola the cat registered under my name. He clearly doesn't want either pet. He constantly would state how he doesn't really like cats. Now that I am moving, he currently wants the one cat. He said he said he would put her to sleep if he doesn't get her since he paid for her. I fear for the welfare of both of the cats....since they were legally shared. What are my rights?

Answer: It is unclear from your e-mail what your connection is to the cat your roommate wants. It is unclear if he wants the cat you found or one who he paid for since at first you state you found the cat in question and later on you mention that he wants the cat he paid for. Simply paying for an animal does not prove ownership since an animal can be given to someone else as a gift, sold, or otherwise transferred. If you have been taking care of the cat for years, you might very well succeed in a custody case in the event your roommate sues. When and if he attempts to sue for the return of the cat, you should hire an attorney to represent your interests and that of the cat. Since you think your roommate will have the cat killed, you should be very careful that he does not simply take the cat. You need to safeguard the cat and that may mean having someone else watch the cat until this domestic dispute is over and your roommate leaves. In the meantime, try to recall and then write down the expenses you paid for the cat, for such things as veterinary care, food, toys, etc. The police do not usually get involved in animal custody dispute matters but if they do you should be prepared to demonstrate to them that you have been caring for the cat and you consider the cat to be yours. Hire in attorney if the police or your roommate attempt to get you to relinquish the cat.

Question: I have been in a relationship with my current boyfriend for 7 months. Last Christmas he bought a Yorkie puppy for me as a gift for $1,100. The papers are under his name. I have recently come to realize that this relationship is emotionally and can potentially be physically hurtful to me and the dog. My boyfriend is very controlling and he won't even let me go out to walk the dog. We are basically trapped inside our tiny apartment all day while he is at work. I want to leave but I can't, I can't leave without my baby. There have been several times where he stated that if we were to break up that he would stay with her. I have tried to leave with the dog but he came to my parents' house with the police who said that a dog is legally property and that she belonged to him. Is there anyway that I could leave this relationship and keep the dog?

Answer: If the dog was a gift to you, you are entitled to the dog. However, your boyfriend is clearly telling the police a different story. I suggest that you go to the police precinct and explain the situation and find out if the police will stay out of this dispute. Normally, the police will not intervene in animal custody disputes. If you are not convinced that the police will stay out of this situation, you may wish to hire an attorney to discuss this matter with the police for you and to represent you in the event your boyfriend sues for the return of the dog or if the police intervene again.

Question: I have been "fostering" a 10-year old Pekinese for almost 2 years. The owner is in a nursing home for chronic drug abuse and early heart disease, etc. Can I be arrested for taking the dog when I move to a new city? She would rather let the dog live in a kennel for a year and a half like he did before I took him voluntarily. What are my rights as the caregiver for the two years? All vet bills were "pro-bono" by the vet I worked for. All the while the family is telling me the dog is mine, and I will get to keep him when she dies...please help

Answer: It is not clear what your arrangement was with the owner of the dog. If the deal was that you are to care for the dog while the owner is incapacitated, you would not be violating this agreement if you move to another city, unless you agreed not to move with the dog. Usually the police do not get involved in animal custody disputes. If the woman has signed a power of attorney or if a conservator has been appointed for her, try to get their authorization to continue to care for the dog when you move. For more guidance, I suggest you consult with an attorney in your area.

Answer: You should contact your local humane society and police if the birds are being starved. Cruelty to animals is against the law in every state. If law enforcement officers determine that the birds are being mistreated, the birds can be seized and the person responsible for the starvation or other abuse can be arrested. Also, under Illinois law, judges can grant orders of protection which could address custody of the animals and could further order your husband not to harm the animals. Additionally, there are other types of legal actions that may be brought to gain custody of animals, particularly in marital situations. I suggest you consult with an attorney in your area to discuss the possibility of an order or protection as well as other legal remedies to gain custody.

Answer: It is impossible to know whether a judge would find that since your ex-girlfriend paid for the dog and for some of the dog's expenses for a limited amount of time, she should have custody of the dog. Certainly the fact that she left the dog with you for many months and that you paid for most of the dog's expenses could cause a judge to decide a case in your favor. A judge could decide that the dog was a gift to you or that your ex-girlfriend abandoned the dog, but there is no way of knowing. If you cannot agree to a joint custody agreement, then you will have to wait and see if she sues at which time you should hire an attorney to represent you.

Question: I had my ex-boyfriend move out. We rescued a dog from an animal shelter six months before the breakup. Both our names are on the adoption. My name is on the local dog license and chip. The medical policy and vet bills have all been paid by my ex. He also took the dog to a vet local to his parents' home. The dog is clearly more attached to him. We currently share time with the dog, but I want to take him for my own. How do I go about having sole custody of the dog?

Answer: You would need to hire an attorney to commence a legal action but based on your e-mail I doubt that you would win the case. Given that you mention the dog is clearly more attached to your ex-boyfriend, you might want to think about what is in the best interests of the dog before proceeding any further.

Question: I found a dog. Put an ad in the paper for a week. I then turned the dog over to the animal control and waited until I was able to adopt the dog. Several months later I was approached by a new co-worker claiming the dog. No doubt by the proof and the pics that the dog I have now was once hers. She wants her dog back. I feel the dog is now mine. Can I legally keep this dog?? Please help.

Answer: Generally courts have held that if an animal control agency holds an animal for the time required by law and the animal is not redeemed by his/her owner (guardian) within this time period, the owner loses rights to the animal and the animal may then be placed for adoption. Although I cannot say how your case would be decided, based on prior court decisions it sounds as if you would have a good case in the event the prior owner chooses to sue you. Sometimes people agree on joint custody/visitation arrangements. If you decide to go this route, make sure the agreement is in writing.

Question: I am a co-owner of a young show dog whose ears have been glued a couple of times. The breeder mentioned that if the ears do not set right the handler will take my dog to a specialist over a weekend, in which the method will include more than gluing. I am not sure if this is allowed by AKC standards. I also am not sure of my rights as a co owner and am not comfortable with this situation, or with the cost. The contract does not state any consequences if I do not follow, through except I am responsible for the cost, health, the up keep of the dog, and that they determine if the dog is show quality. I have contacted local clubs for information to no avail. I do not know what to do as I love my dog - show quality or not - and do not wish to lose my baby.

Answer: I am not familiar with what the AKC allows in terms of methods to alter a dog's ears. You will need to contact the AKC directly. It would also be advisable to have an attorney in your area review your contract so you will fully understand your rights as a co-owner of the dog. Hopefully, you can work out an agreement with the co-owner (you might have to pay him/her for what he/she paid for the dog) so that you will have sole rights to the dog, which would include the right not to alter the dog's ears any further unless necessary for the dog's well-being. Dogs should not have to undergo unnecessary surgery or gluing just to satisfy an unnatural breed standard.

Question: We have taken care of a hunting dog, supposedly given to us by what used to be a close family friend for about a little over a year now. We've been paying for its food, vet bills, and rabies shots, etc. Now with hunting season a couple days away, the person is now wanting "his" dog back to use him for hunting season, when it's supposedly our dog and we have taken care of it for well over a year. We feel this is our dog and we didn't spend all the time and money to keep this dog healthy so he could use it when he wants to. The rabies shots and everything are all in our name too. So after all the time we spent taking care of it and maintaining its health, does he still have any right to this dog after he supposedly gave it to us? He thinks he does. I disagree. Isn't there some kind of law that says if a person feeds and take care of the dog for a certain period of time its legally theirs?

Answer: Your rights depend on the contract, written or verbal, that you entered into with your "close family friend." If he unconditionally gave you the dog, then he would have no right to use the dog for hunting or any other purpose. If the agreement you made with him was that you could keep the dog on the condition that he would be able to use the dog for hunting, then he would have this right. Based on your e-mail, it seems as if you believe there was no agreement for him to use the dog for hunting. If he feels otherwise, he can sue in an attempt to get access to the dog. A judge would consider all of the evidence in determining rights. Often people don't pursue lawsuits in these types of conflicts, but there is no way of knowing what your "friend" will do.

Question: We lost our lab 11 months ago. I searched everywhere for her. I went to two different shelters every other day. I posted fliers, put ads in the paper and online, I even drove around with fliers on my car, but we could not find her. Well, a week ago we spotted her in a yard and tried to get in contact with the owner. They are fully gated so we couldn't get into there property. I let a couple days go by and when I drove by again, all the gates were open and the dog was running loose. I determined it was my dog and I went to the door but no one was home, so I spoke to a neighbor and she told me that the dog had been a stray and had wondered to their area around the same time I lost my dog. So, I gave her my info and asked her to call me when she saw the neighbor come home. But when I was about to leave, the dog was out of the yard and there was a loose pitbull running around, so I got scare dfor my dog and called her to my car. I then talked to the neighbor again and told her when she saw the neighbor come home to let her know that I took the dog (not from her property) and to call me. Well, a week went by and the previous owner called me and said she wants the dog back. This is my dog, I have pictures. What are my rights? (Remember I did not enter her property to get the dog, she was on the street).

Answer: If you still have possession of the dog and have not amicably worked this situation out with the finder, it is possible the finder will sue for the return of the dog. The police rarely get involved in these types of disputes. In determining ownership of a lost and then found animal, courts will typically look at what efforts the finder made to find the lost animal's owner, and what efforts the owner made to find the lost animal. If the animal was identified in some way, such as by a dog license, rabies tag, ID tag or microchip, and the finder failed to contact the owner, the "first" owner (guardian) would have a very good case. Courts could also consider how long the finder had the dog and how long the "first" owner had the dog. Additionally, if the finder brought the dog to a shelter and the shelter held the dog for the amount of time it is required to by law before adopting the dog to the finder, courts generally will uphold the adoption. However, based on your e-mail, it does not seem as if the dog was adopted from a shelter. There is also a law in California pertaining to the return of lost property (not only animals), but it is unclear how that law would apply in this situation. There may be applicable local laws as well. For further information, consult with an attorney in your area.

Question: My ex and I had a cat together and when we broke up I had to move in with a roommate who had a dog. My cat and her dog did not get along so I gave the cat to my ex with the understanding that I would get her back for summer 07. Since he has refused to answer my phone calls and return my messages. It has almost been a year since I have seen my cat. All the papers and her registration are in my name. How do I get her back?

Answer: If your ex is not voluntarily returning the cat to you, you will need to hire an attorney and sue if you want to attempt to get the cat back. However, if your agreement with your ex is not in writing and your ex testifies that you gave him the cat unconditionally or abandoned the cat, you may lose the case.

Question: My brother's good friend asked me to watch his four month old Boston Terrier puppy for a week and that he would be back to pick him up on a certain date. The day had come and gone and I had not heard from him until I eventually got in contact with him and asked when he was coming to get his dog. He told me he would come and get his dog shortly after, however, he has still not come to get his dog and it is nearly two months later. The last time I talked to him was about a month ago and he said he asked if I could watch the puppy for one more week and I agreed. It's not that I am tired of the dog (I had watched him on several occasions prior to this last time) but, I needed to know what the situation was. Furthermore, this guy does not have a place to call his own (he is out of town most of the time). I know this because instead of returning my phone calls, he is only returning my boyfriends phone calls and they have had conversations about this situation. We have offered to adopt the dog from him, but I do not think he has registered the dog since getting him when he was around two months old. We've also offered to buy him from him but he has rejected the fact that we would take responsibility for the puppy and provide a good family home. Moreover, my children, my boyfriend and I have become attached and love this animal. I do not know what to do at this point because my hands are pinned. I have called the Animal Services and the Humane Society to find out how they can help us but what I get is that this is pretty much in the owner's hands. The owner has neglected the animal since the first day I started watching the pup. No phone calls to check up on his pet to find out how he was doing, if he needed food, if we needed financial help with the expenses that it takes to care properly for an animal. We will be very sad to see him go to his owner, especially when the pup is scared of him as well. The owner is not a good owner. I have witnesses that have also seen the owner hit or scream at his dog. What can I do? Is it possible that we can take legal ownership of this puppy?

Answer: You cannot simply "take" legal ownership of the dog. If the "owner" returns for the dog and you choose not to return the dog, perhaps on the ground that you believe the owner abandoned the dog, then the "owner" may commence a legal proceeding against you. It will be up to the court to determine ownership at that time. It is also possible the "owner" will contact the police if you do not return the dog to him. Usually, the police will not get involved in these matters, but occasionally they do if they believe an animal has been stolen. The longer you have the dog without contact from the "owner," the better your case will be. In the meantime, you may wish to take the dog to a veterinarian. If the dog had not been properly cared for in the past, chances are the dog is not properly vaccinated. Additionally, taking the dog to the vet can possibly help you in any legal case involving ownership of the dog. Finally, if you do return the dog and observe the dog being abused, contact your local humane society, society for the prevention of cruelty to animals, and police. Cruelty to animals is against the law.

Question: I have a dog custody issue and I don't know where to turn... I recently broke up with my live in boyfriend, and he is not letting me take my dog. The dog was bought for me last year as a birthday gift, all of his papers and chip info is registered to me. I was told to take him to small claims court, but they said they can't award me the dog, I should call the police. Went there with police and they said they can't make him give me the dog, even though I showed all the paperwork to the officer. What can I do or who can I turn to now? I have been sick for the past two weeks because I am not able to see my dog. Thanks.

Answer: You should hire an attorney to commence a legal action for the return of the dog. The police, as you just saw, often do not get involved in these types of disputes. Small Claims courts usually focus on the value of the property or animal, and do not normally award return of property or animals. While Small Claims courts often try to get the parties to settle the case, and, as a result, parties do sometimes agree to return property rather than risk a money judgment against them, there is no guarantee of that.

Question: Humane Society adopted dog from county shelter after required hold time. Owner wants back. The previous owner is a friend of the local county sheriff. The sheriff is putting pressure on us – a felony warrant was issued to return the dog to what we feel is an unsuitable home. What can we do? Owner is threatening a civil suit.

Answer: Generally, if a shelter holds an animal for the time required by law, the adoption of the animal is valid. Thus, the original owner would not be entitled to get the animal back. Sometimes when an original owner presents himself soon after the adoption, the new adopter will agree to return the animal unless there is reason to believe the animal really was not cared for properly. Based on your e-mail, it is hard to understand on what basis the sheriff is threatening a warrant for your arrest since you state that you lawfully adopted the animal from the county animal shelter. I suggest that you hire an attorney so that the sheriff does not proceed outside the law. Also, in the event the original owner actually does commence a civil lawsuit for the return of the animal, you will need an attorney.