Abandonment.

Question

If I fostered a puppy through my job with no agreement signed between the foster and I then what rights do I have to the puppy? I also put in for an adoption of that puppy and the foster hasn’t contacted me for over two months. I have a text from the owner of my job stating I was approved and would be called with good news but never heard from the lady over the rescue/foster. I have not paid an adoption fee for him yet but also have been talking care of him for the past two months with no help. They had him neutered and most shots were tractor supply, I believe I am going to be leaving this job due to their poor ownership and was wondering if they could take him back from me even though they told me he was mine since I haven’t been able to pay for him because of no contact. I am worried about it.

Answer

I cannot predict what your employer or the original foster “parent” will attempt to do, if anything, to get the dog returned or for payment of adoption fees. There is an expression that “possession is nine-tenths of the law.” Although not always accurate, it basically means that the person in possession is frequently in a better position, at least initially, than the person who does not have possession. This is because the person who does not have possession often has the burden to sue to try to get the animal returned (and many more people threaten to sue than sue). Also, just because a person sues does not mean that he/she will win the case. The bottom line is that a person who believes that his/her animal is being wrongfully withheld cannot lawfully trespass and seize an animal from the person who they believe is wrongfully withholding the animal. Rather they can sue or contact the police. It can be helpful to have on hand evidence that the dog has been in your care for months, you paid for the dog’s care for months, and any proof that you have been approved to adopt the dog (even texts and emails). Hopefully, everyone is happy the dog is where he is and the failure to formally consummate the adoption is inadvertent.

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By |2023-04-25T12:49:29-04:00January 6th, 2023|

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