Question: I adopted a puppy recently, and already we love her to pieces. She gets along great with my other dog and she is just adorable. We have named her Gracie. Everyone in the family has fallen in love with her, especially my brother, to the extent that he really, really wants to keep her. I am pregnant and am having a few complications with my pregnancy, and while I would otherwise never consider giving her away, seeing her with my brother makes me feel like they belong together. I mean he really, really loves her. He is very tender with her and is constantly asking me to let her spend the night. Since it is becoming hard for me to take care of her at this stage in my pregnancy and he lives nearby, it wouldn't be so heartbreaking for me to see her go live with him. I could still be involved in her life, which is what is important for me. While no decision has been made, I realize I did sign a contract that says I need to obtain written permission to give her away. Would that apply to this situation? I don’t want to be in breach of contract and I am afraid that Gracie would be taken away from us if I am. I really don’t think I could bear that. I tend to get very attached to animals and like I said, the only reason I would consider this is because she would be going to live with my brother. What is the procedure to transfer ownership? Can they deny me permission to transfer her ownership?
Answer: It is unclear to me whether you want to give the dog away to your brother, or have your brother care for the dog while you are going through this difficult time in your pregnancy. Shelter adoption agreements vary. Also, shelters differ in how they interpret and enforce these agreements. You may wish to contact the shelter (and you may want to do this anonymously at this point) and simply ask what their policy is in the situation you described. Additionally, you may want to consult with an attorney in your area who can read the adoption agreement and assess what rights the shelter and you have.
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Question: Hi, please help me with my case. My boyfriend and I dated for 4 years. A week before Christmas, we went into a pet store and I fell in love with a 2 pound puppy. He agreed to buy it for me as a Christmas gift. The dog was $1100, so he paid $700 and my parents paid the other $400 as part of my Christmas present from them as well. It was all I wanted for Christmas. Everything was put in my name and I was held responsible for all vet bills and registration from microchip to licensing. My boyfriend and I broke up in May, a very long and hard break up. I agreed to let him see the dog every now and then because he got close with him, since we were always together when we were a couple. We had a text message and verbal agreement that the dog would be returned on Sunday and we confirmed where we were supposed to meet. When I contacted him that Sunday, he gave me the run around and said he was out of town and would not give me a straight answer as to when I was going to meet him and get my dog back. He then proceeded to tell me that he no longer wanted to talk to me and he was keeping the dog. I panicked and got so upset because he lied to me. He gave me his word that the dog was going to be returned to me after he spent a few days with him. He threatened me with a restraining order if I continued to contact him. I immediately went to the police, and they told me to file a civil claims case and send him a demand letter. I did so and now I wait for my court date. I have been without seeing or hearing from my dog for almost a month now ,and by the time my court date comes around it will have been two months. I have witnesses that heard him say it was my dog free and clear, that I never gave him the dog to keep, that it was a visitation. I want my baby back in the worst way. Do I have a strong case? I have all his vet bills, paperwork, etc. I know that won’t solely determine it, but what will the judge look at? I’m so scared I won’t see him again - I miss him so much. He was my life. I have become depressed and I just am so sad that someone could take him away from me. I trusted in my ex to do the right thing and he didn’t; now I suffer. Please, I need some good advice, I want to know what to expect when I go into court.
Answer: You should have an attorney to represent you. Since your parents contributed to the cost of the dog as a gift for you, their testimony in court should be helpful. Given that the dog’s veterinary records are in your name, the dog is licensed to you, the microchip is registered under your name, and you have evidence that you did not give the dog to your ex-boyfriend to keep, you should have a good case. However, keep in mind that while many judges consider animals as property and will base their decision on whom they believe actually “owns” the animal, some judges will also consider what is in the best interests of the animal when making their determination about custody. Also keep in mind that if you brought your case to Small Claims Court, judges there generally will only consider claims for money, not the return of an animal. While mediators at such courts sometimes try to settle cases, it is not normally the correct venue for animal custody cases. Even if you brought the case in the correct court, it would still be advisable to have an attorney represent you.
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Question: I have a Chihuahua that my best friend and I bought with cash three years ago. My best friend and I have recently got in a fight and I’m afraid she might try to take my pet away. Although she helped to pay for him, she doesn’t take care of him. I have registered all the shots under my name since we've had him, and my mom takes care of him while I’m at work every day. Is there any chance she can take him away from me?
Answer: It is unclear from your e-mail if you and your ex-friend lived together with the dog and for how long. If you and your ex-friend lived together for an extended period of time after purchasing the dog, it is possible that a court would order joint custody of the dog. Courts tend to look at not only who purchased the dog, but who has taken care of the dog, and who has paid for the dog’s care, such as food and veterinary care. Since you have possession of the dog, you certainly are in a better position than your ex-friend, in that your ex-friend would need to bring an action against you to try to get custody. These actions can take some time and can be costly. Usually the police will not get involved in these matters unless they believe an animal has been stolen.
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Question: I am interested in laws and pending legislation concerning animals and especially pet stores. A petland has opened in my area and they have been in violation many times but there is no one to enforce these regulations. I would like all the information you can provide. Thank you. Aleta in Virginia
Answer: According to section 3.1-796.107 of Virginia Statutes, any animal control officer, law enforcement officer, or State Veterinarian's representative may investigate pet stores. Section 3.1-796.68 of Virginia Statutes requires that animals be provided with adequate food, water, shelter, space, exercise, care, treatment, transportation, and veterinary care. I suggest you make a complaint to these officers if you believe that animals are not being cared for in a humane manner. There are several bills pending before the Virginia Legislature concerning animals. I did not notice one specifically dealing with pet stores. I suggest you contact your representatives to the Virginia State Legislature and they would be able to provide you with up-to-date information. For Federal bills, I suggest you go to hsus.org since they keep a comprehensive listing of pending federal legislation. Currently, there are bills pending on such issues as animal fighting, horse slaughter, puppy mills/breeders, steel jaw leg-hold traps, farm, marine and wildlife protection.
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Question: I would like to know the laws involved, if it states on a lease for an apartment that no dogs are allowed, when other families in the community have dogs? Nicole in New York
Answer: If you live in New York City or Westchester, there are laws which state that if you have kept your pet(s) openly for three months or more with the knowledge of the owner (landlord) and within this period of time, the owner has not commenced a legal proceeding to enforce the no-pet clause, the clause may not be used against you, at least for the animal(s) in question. The law is currently interpreted so that the owner has another three month opportunity to enforce the no-pet clause for each new pet. People with disabilities, physical or emotional, may also have pets under certain circumstances. As a result of these exceptions to no-pet rules, the fact that one sees other tenants with pets does not mean that everyone can have pets. It may just mean that the landlord did not enforce the no-pet clause in a timely fashion against these other tenants or the other tenants have a disability. Of course, in some circumstances people have different leases or agreements with landlords to have pets and these agreements do not extend to everyone. If you live outside of New York City or Westchester, the three month laws are not in effect but, as stated above, people with disabilities under certain circumstances can have pets and not everyone's lease is necessarily the same. As a result, tenants' rights will differ. You may wish to consult with a landlord/tenant attorney in your area who can review your lease and advise you further about your rights.
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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 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.
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Question: I am interested in laws and pending legislation concerning animals and especially pet stores. A petland has opened in my area and they have been in violation many times but there is no one to enforce these regulations. I would like all the information you can provide. Thank you. Aleta in Virginia
Answer: According to section 3.1-796.107 of Virginia Statutes, any animal control officer, law enforcement officer, or State Veterinarian's representative may investigate pet stores. Section 3.1-796.68 of Virginia Statutes requires that animals be provided with adequate food, water, shelter, space, exercise, care, treatment, transportation, and veterinary care. I suggest you make a complaint to these officers if you believe that animals are not being cared for in a humane manner. There are several bills pending before the Virginia Legislature concerning animals. I did not notice one specifically dealing with pet stores. I suggest you contact your representatives to the Virginia State Legislature and they would be able to provide you with up-to-date information. For Federal bills, I suggest you go to hsus.org since they keep a comprehensive listing of pending federal legislation. Currently, there are bills pending on such issues as animal fighting, horse slaughter, puppy mills/breeders, steel jaw leg-hold traps, farm, marine and wildlife protection.
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Question: I would like to know the laws involved, if it states on a lease for an apartment that no dogs are allowed, when other families in the community have dogs? Nicole in New York
Answer: If you live in New York City or Westchester, there are laws which state that if you have kept your pet(s) openly for three months or more with the knowledge of the owner (landlord) and within this period of time, the owner has not commenced a legal proceeding to enforce the no-pet clause, the clause may not be used against you, at least for the animal(s) in question. The law is currently interpreted so that the owner has another three month opportunity to enforce the no-pet clause for each new pet. People with disabilities, physical or emotional, may also have pets under certain circumstances. As a result of these exceptions to no-pet rules, the fact that one sees other tenants with pets does not mean that everyone can have pets. It may just mean that the landlord did not enforce the no-pet clause in a timely fashion against these other tenants or the other tenants have a disability. Of course, in some circumstances people have different leases or agreements with landlords to have pets and these agreements do not extend to everyone. If you live outside of New York City or Westchester, the three month laws are not in effect but, as stated above, people with disabilities under certain circumstances can have pets and not everyone's lease is necessarily the same. As a result, tenants' rights will differ. You may wish to consult with a landlord/tenant attorney in your area who can review your lease and advise you further about your rights. |
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