Question: My dog will be 8 years old in October, and has been my pet since he was 6 weeks old. I reside in California, but have temporarily returned to my home state of North Carolina for a time to care for a sick family member. Upon leaving, a "friend" volunteered to care for my dog at their family orchard, where he would have space to run and be well taken care of. I had to stay in North Carolina longer than I had planned, but remained in touch and visited my dog when I was back in town. They agreed to continue to care for him. Now that I am moving back permanently, they have expressed interest in keeping him, and said that they will try and take legal action to do so because they feel that he would have a more suitable home with them. I am a young professional and am on the go a bit, but I provide great care for my dog and have for the last 7 years. I may not have the same space afforded by them, but I frequently take my dog to the parks and beaches. Do they have any legal ground to get custody of my pet?

Answer: Based on the information you provided, your “friend” would not have any legal ground to get custody. However, if your “friend” contends that you gave him/her the dog as a gift, he/she may have rights but it would be up to a judge to review all of the evidence presented in court. If your “friend” refuses to return the dog to you, you may have to commence a legal action to get the dog back. The police normally will not get involved in these types of custody disputes. Perhaps you and your “friend” could work out a joint custody agreement, if that is something you would want to consider, since you mentioned you are “on the go.” If so, have an attorney draft the agreement.

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Question: My wife and I purchased a Golden Retriever 5 months ago at a local pet store. We have 3 kids and have very busy lives. We felt that our dog would receive more exercise and attention if we gave him up. We talked to our groomer and asked if she knew of anyone that was looking for a dog that would be able to offer him a good home. She said that she did know a young couple that already had a dog, but was looking for another puppy. It sounded like the perfect place for him. They slowly decided, over a 2 week period, that they would want to take the dog. They came to our house on a Saturday morning, and picked him up along with his supplies. They said that if it did not seem to be working out in the first 24 hrs, they would bring him back. Well, of course, it worked out very well, and they are keeping him. Two days later my wife and I were beside ourselves and wanted our dog back. We were very upset that we let him go. We contacted them and they would not return our calls. We knew of them only through our groomer. So we had gotten her involved as well. We asked them to return the dog and of course they refused. What legal ground do we have in getting the dog back? They paid nothing for the dog. It's only been 3 days.

Answer: Unless you have a written agreement that states that you have the right to reclaim the animal within a specified time period, it does not seem to me that you would have any legal rights. Also, keep in mind that you chose to give the dog up because you felt you did not have the time to care for the dog. If you got the dog back and the dog became ill and required even more care, what would you do then? You may wish to consult with an attorney in your area for further advice. He or she might be willing to send the adopter a letter but make very sure you really are prepared to give the dog a lifetime of humane care and attention before trying to get the dog away from his new home.

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Question: We found a dog who was running loose in our community for over six days. We finally were able to catch him and give him water and food (it was 115 degrees). The day we were able to bring him to safety, we called the local animal control. They tried to locate the owner. He had no microchip, no collar, no tags, nothing. We told the shelter that we would adopt him if the owner could not be found. The owners were not found, but when we tried to adopt him they told us that he was "unadoptable to the general public" because he may be a "fear biter." Since we had already begun adoption procedures, they did not put him to sleep and allowed us to adopt him anyway. Then, a month after we found him, we had him in front of our house after his walk and a couple of kids came over and said that our dog was their dog. We asked them a few questions and the kids said that the dog ran away about a month ago and that he kept getting out of their yard. We told the kids to have their parents come to our house. It has been a day and nobody has even come to discuss the dog. We have legally adopted this dog who would have been put to sleep otherwise. This dog was loose in our community for six days and I do not believe the owners attempted to look for him, because if they did, they would have found him - he was right there. We believe the dog has been mistreated and that returning the dog would endanger his safety. We love the dog and have invested over $1,000 in a dog house (which is air conditioned), toys, tents, bones, collars, etc. We acted in good faith and legally adopted him. What legal issues do you see in this situation? Thank you so much.

Answer: Typically if a shelter holds an animal for the amount of time it is required to hold animals under the law, and the animal is not redeemed by the owner during this time period, the owner loses rights to the animal. Thus, the adoption would usually be upheld. However, in those situations where the animal had some form of ID, such as a microchip, license tag, rabies tag, or other ID tag, tattoo, etc., where the owner could have been detected and the shelter failed either to check to see if the animal had identification or failed to contact the owner once the ID was detected, a court could find that the legal hold time for the animal did not lapse. In that event, the original owner would have a much better case. In those situations where an animal is found but not brought to a shelter, the courts tend to look at what the finder did to locate the owner and what the owner did to find the animal in determining who should get the animal. If a person wants to reclaim a lost animal from an adopter who is not willing to release the animal, the person who wants to reclaim the animal would normally have to commence a legal action to get the case heard in court. As noted above, however, persons who adopt from shelters which followed the law are in a better position than a person who lost an animal and did not timely claim the animal at the shelter.

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Answer: My ex-boyfriend is claiming that I have HIS cat in my possession. We have been going back and forth with lawyers since the beginning of this year. He is claiming the cat is his because he found him and took him upon my request. However, in September of 2004, he brought the cat up to my residence, where the cat has remained ever since. I have taken care of all his veterinary bills, food, shelter, and toys, since that time. He is trying to charge me with criminal theft, amongst other things. We are talking, through our lawyers, about possible visitation, but he is claiming that he is the rightful owner, while I believe that I am the rightful owner. Also, his residence is in Florida and mine is in NJ. I would appreciate your thoughts on this.
Cat Mommy

Answer: Based on the facts you provided in your e-mail, it sounds as if you have a very good case, particularly since the cat has been living with you for the last few years and you have been paying for the cat's food and veterinary care. Given that your ex-boyfriend lives so far from you in another state, I would be very concerned about agreeing to unsupervised visitation. If he takes the cat to Florida, you probably will have a very difficult time getting the cat back.

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Question: I am interested in finding out about pet custody and the law in breakup situations. My boyfriend has had a dog for a year now, and his ex-girlfriend is still threatening to come and take it. He has paid vet bills and for food, but she is on the registration. I have an email from her stating that she gave the dog to him as a gift, and admitting that she is using the threat of taking the dog to hurt him. What information/resources can you give?? It is difficult to find lawyers dealing in pet ownership.
Thanks,
Teresa

Answer: At this point, since your boyfriend has the dog he is in a much better position than his ex-girlfriend who would most likely have to initiate a legal action to attempt to get custody. These types of actions can be time consuming and costly. The police usually do not get involved in these disputes. I suggest that the dog not be left in a situation where the ex-girlfriend can simply take him. In other words, if she has a key to his house or apartment, the locks should be changed and the dog should not be left outdoors unsupervised. In order to find the name of an attorney in your area who may be interested in handling an animal custody case, you may wish to e-mail the Michigan State University College of Law since it operates an Animal Law Web Center (Editor@animallaw.info). You can also contact the State Bar of Michigan, Animal Law section. Perhaps one of the attorneys on that committee would be interested in a pet custody case.

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Question: What is the best way to protect my pets when I die? How do I word my will to make sure they are taken care of? Sue in Illinois

Answer: You will need to consult with an attorney in your state to write your will. There are a few things you should keep in mind. A law was recently passed in Illinois which states that a trust for the care of animals is valid (760 ILCS 5/15.2). It is very important to name a trustee/caretaker who you know is willing and capable of taking care of your pets when you die. This arrangement should be discussed before naming such person(s) in your will. You should also name an alternate trustee/caretaker. Keep in mind that you should leave a reasonable sum to the trustee for the care of the pets, so that relatives are less likely to contest the will. If you do not have a friend or relative willing to take your pets when you die, you should explore programs at shelters and animal retirement homes. Check these out to make sure your animals will not languish in cages. Also, since there is a transition period from date of death until probate of the will, there should be language in your will to cover this transition period, including allowing the Executor to use estate monies for the animals. Executors should be informed of such arrangements prior to death.

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Question: My husband and I live in a rent stabilized studio in Manhattan. Our landlord has been involved in disparate treatment against us since I joined my husband 2 years ago. He obviously is trying to get rid of us. He allows some tenants to have pets; some are not allowed to have any. Our lease does not state that we cannot have pets. We have had a fishbowl and a goldfish since August 2004 (we replaced it one time, because the original fish died) openly in the apartment. The superintendent may or may not have seen it before, mainly due to the fact that he was told not to conduct any repairs in our apartment and rarely visited us. We have now filed an HP action against the landlord and he was ordered to make repairs. So eventually, the super showed up and said, "cute fish." Does the landlord have a right to evict us based on the fish or would it be easy for us to prove that the eviction proceeding is in fact retaliation and motivated by other reasons that the fish? Karo in NY

Answer: First, if your lease does not prohibit pets, you can have pets. Read your lease carefully. Second, I have never seen a pet case involving a goldfish. I think that would be quite far-fetched. In addition, there are laws against retaliatory eviction in New York that might protect you in this regard in the event your landlord commences a legal proceeding against you.

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Question: Do you know if it is in the works to establish pets as being dependents on tax returns for some type of tax break? I have seven pets and spent well over 700 dollars last year on them as far as vet bills and keeping them healthy. Just curious. I know I choose to have these pets and will continue to pay whatever it takes to keep them healthy but really how is it different then having children? I know some people just leave their dogs outside and don't really care they have a pet but for some of us they are our children. Heather in Georgia

Answer: I do not believe it is in the works. However, some states have a check off on their tax forms for people to donate money for spay/neuter and other animal friendly programs.