26
Sep

Can the shelter charge an impoundment fee?

Can the shelter charge an impoundment fee?
Q:So my Nana offered to watch my cat while I moved. Well; without my knowledge she up and takes my cat to the pound. She has done this before and I had to pay to get him out and now I’m faced having to do same thing. Is this legal?

A:It is common for shelters to charge an impoundment fee to redeem animals. In fact, state and local laws often contain impoundment fee provisions. These laws also provide that after a specified period of time, the shelter can place the animal for adoption or have the animal euthanized. Therefore, it is extremely important for people to act quickly to retrieve their pets. It is generally not lawful for an individual who agreed to board an animal or a boarding facility to surrender animals in their care without the animal’s “owner’s” consent (unless, for example, the animal was abandoned). However, it can sometimes be difficult to prove that an animal was boarded when family members are involved who allege that the animal was given to them, already theirs, abandoned with them, etc. People who have had a bad boarding experience with a facility or a person (including a family member) should consider boarding their animals elsewhere.
Submitted by Anonymous
Answered by Elinor Molbegott

26
Sep

My brother isn’t giving me my dog back, what can I do?

My brother isn’t giving me my dog back, what can I do?
Q:Hi, I had a labrador puppy from 8 weeks old, she is now 15 months old. Last week my brother and I agreed he would look after her for a week so I can get my garden tidied up and not lock her inside all the time. I asked so politely yesterday for her to come home and he has told me she is not my dog anymore and he is not giving her up. I’ve begged and begged for her to come home with me but he just isn’t allowing me to have my dog back. I need help as I don’t know what to do!!

A:People who believe that their animals are being unlawfully withheld can sue for the return of the animal. The police can also be contacted.
Submitted by Anonymous
Answered by Elinor Molbegott

26
Sep

Dog was given away without me knowing it, how can I get him back?

Dog was given away without me knowing it, how can I get him back?
Q:I had trouble finding a dog sitter, so I contacted the lady that gave me my dog to watch him till school is over. The next day she texted me saying that my dog and their dog were having troubles getting along and she asked if its too much trouble for me to find someone, she will give him away. I told her to “wait on that and let try to convince my parents and I will tell you if its okay for you to give him away.”  Then my dog was given away without me knowing it. Am I still able to get my dog back from the other family?

A:Individuals can bring a lawsuit for the return of an animal that they believe is being wrongfully withheld. When a pet “parent” is advised that a boarding situation is not working out, he/she should act swiftly to retrieve their animals and take them to board elsewhere or take them home if that is feasible. There is a law in Minnesota (and several other states too) which provides a mechanism for animals left for boarding to be deemed abandoned. These laws vary. For example, Minnesota’s abandoned animal law applies to animals left with a veterinarian, boarding facility, or commercial facility pursuant to a written agreement. Some states’ laws are only applicable to veterinarians while New York’s law, for example, is much broader and applies to any person with whom an animal is left for treatment, board, or care. It is difficult to predict how a court will decide most pet custody cases. Courts will review the evidence to determine whether the pet “parent” gave away or abandoned the animal and whether the person boarding the animal acted in accordance with the law. These cases get more complicated when the person being sued no longer has the animal. I suggest you consult with an attorney in your area regarding next steps.

 
Submitted by Anonymous
Answered by Elinor Molbegott

26
Sep

Do I have right rights to my dog if its microchip is in another’s name?

Do I have right rights to my dog if its microchip is in another’s name?
Q:My girlfriend passed away recently. We have two dogs and one is in her name only. We agreed that if she paid the adoption fee I would buy everything for the dog and pay for the vet bills until I had paid the equivilant to adoption fee then everything would be split after. This was a verbal understanding between us.

Now her parents want to take the dog from me that I have raised for 3 years with my girlfriend. I have three years of statements proving I paid for nearly 90% of the food and vet bills also. Most of the vet bills are in my name along with the town liscense. The microchip is in her name as of now. Do they have any right to the dog?

A:I am very sorry for your loss. Normally property and animals of a decedent are distributed pursuant to the terms of a will or trust (if they exist) or pursuant to intestacy laws (where next of kin generally have rights to the property/animals of the decedent). However, if it can be demonstrated that an animal was given away by the decedent prior to death, will/trust provisions and intestacy laws are often inapplicable. If an animal is “co-owned,” a “co-owner” may (but not always) gain full “ownership” of the animal after the other “co-owner” dies. Proving “co-ownership” can sometimes be difficult but that depends on the facts of each situation. Consult with an attorney in your state for further information and next steps.
Submitted by Anonymous
Answered by Elinor Molbegott

26
Sep

Is my ex husband financially responsible for the family dog?

Is my ex husband financially responsible for the family dog?
Q:I have a daughter who is 10 years old. My husband got a dog 9 years ago, who is 9 years old. Last time we separated he took care of no animals (cats, dog turtle). I am considering divorce and want to know if there is animal custody. The dog is something he purchased and he wanted. He now hates the dog but she is part of the family and I do not consider “getting rid of her” an option, she is family. Can I request financial support due to the fact he plans to provide no care?

A:Ideally when individuals separate or divorce, they can reach an amicable agreement for the care and custody of the family pets, including who gets the animals and pays for their care (which is typically the person who gets custody of the animals). While a divorcing spouse can request financial support for the care of animals, there have not been many cases where “petimony” has been awarded. In one case where the divorcing spouses agreed to share custody of the dog, the court ordered the husband to pay up to $150 a month for the dog’s care. Reportedly, the ex-wife of former NYC Mayor Giuliani sought more than $1000 a month for the family dog’s needs (but her request was denied).
Submitted by Anonymous
Answered by Elinor Molbegott

26
Sep

My dog was abused by a dog groomer.

My dog was abused by a dog groomer.
Q:We live on Long Island in Sea Cliff. We use a local pet groomer, and today the groomer did our six month old labrador puppy for the first time and I could hear a lot of banging from inside my house. I walked out my front door, which is at the top of about 20 steps on a cliff when suddenly the puppy came out of the truck like she had been thrown out the door. No collar nothing. Luckily she ran up to the house wet and covered with feces. She could have just as easily run into the street and gotten hit by a car. I walked down to the truck and the groomer would not say a word, threw the collar and leash at me and drove away. The puppy is limping and very upset and the groomer is gone.

A:I hope your dog is doing better by now. Some municipalities, such as New York City, require groomers to have permits but care standards are generally minimal. While there is a New York State law banning the use of cage dryers containing a heating element (several animals have died at grooming facilities when left in cages with the heat on), there currently are no specific standards or licensing requirements for groomers statewide (although legislation is pending before the NYS Legislature). Nevertheless, aggrieved pet “parents” can sue groomers for harm caused to their animals and if it is demonstrated to the satisfaction of the court that the groomer was negligent, the pet “parent” will likely be awarded some monetary compensation. Local consumer protection agencies and better business bureaus can also be contacted.
Submitted by Anonymous
Answered by Elinor Molbegott

26
Sep

Foster parent not giving up adopted cats.

Foster parent not giving up adopted cats.
Q:My fiance and I adopted 2 kittens from a rescue and at the moment they are being taken care of by a foster parent. Our arrangement was for us to bring home the kittens once we move in to our newly bought townhome. We paid the deposit and signed a contract regarding the adoption and now the foster parent completely stopped communicating with me, and the rescue team. What can we do at this point?

A:Individuals who believe that their animals are being wrongfully withheld can sue to try to get the animals returned. The rights and responsibilities of adopters, rescues, and foster care “parents” are often spelled out in adoption and foster care agreements. These cases can get more complicated if the adoption process was not completed or there is a discrepancy between the adoption and foster care agreements (for example, the foster care agreement gave the foster care “parent” first rights to adopt).
Submitted by Anonymous
Answered by Elinor Molbegott

26
Sep

Online breeder wants more money to ship my puppy.

Online breeder wants more money to ship my puppy.
Q:I just purchased my husky puppy online and the seller took it to a company to get him sent to me and they want to charge me an additional $785 for a crate to send him in. I was not aware of an additional fee when I sent the $250 for my puppy. The company has him now and will not let me go and pick him up. And they’re saying it will be sent to a shelter if I don’t pay the money. What can I do?

A:This sounds as if this could be a scam. Consider contacting the police and the Indiana Attorney General’s (AG) Consumer Protection Division. The AG’s office investigates consumer complaints. It is risky to purchase an animal online. It is even possible the animal being offered for sale does not even exist! Consider adopting a homeless animal from your local animal shelter or rescue group.
Submitted by Anonymous
Answered by Elinor Molbegott

26
Sep

Can my friend get her dog back or can I adopt for her?

Can my friend get her dog back or can I adopt for her?
Q:My friend gave her dog up years ago because she could not care for him. Now however, years later, she is stable and is able to have a dog financially. However, the rescue he has gone to now will not even talk to her because she asked about getting him back. Is there anyway she can get her dog back?? And is it illegal to adopt for someone else?

A:When one gives a dog away, one generally has no further rights to that animal unless there is an agreement stating otherwise. Many shelters have adoption screening procedures and do not allow persons to adopt for another person. I hope the dog has a guardian who can provide him with a loving forever home.
Submitted by Anonymous
Answered by Elinor Molbegott

26
Sep

How can I get me dog back from rescue organization?

How can I get me dog back from rescue organization?
Q:I surrendered my dog to a private rescue organization about three weeks ago. I have called several times asking about her and wondering if I can get her returned to me. They have only answered to tell me she is in a foster home awaiting to be adopted. Can I get her returned? I have been crying constantly about leaving her there.

A:Usually when one surrenders an animal to a rescue organization, all rights to that animal are surrendered, unless the agreement states otherwise. Oftentimes rescue groups are reluctant to return an animal because of concerns that whatever caused the individual to surrender the animal in the first place will ultimately cause such person to surrender the animal in the future. However, at times rescue groups will return an animal if they believe it is in the animal’s best interests to do so.
Submitted by Anonymous
Answered by Elinor Molbegott