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.

Quesion: 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.

Quesion: 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.

Quesion: 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.

Quesion: 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.

Quesion: 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.