Question
End of Sept 2024 I signed adoption paperwork on behalf of my daughter's friend because she was underage & unable to legally adopt the cat with the understanding that she would take care of him properly & if she couldn't I would take ownership of the cat or return him to the humane society. We discussed transfer of ownership when she became of age if she could properly take care of him.
Recently I have come to find that she has been abusive: throwing him in the air, shaking him, dragging him across the floor or outside when he refuses to walk, shoving his head into cat nip to try to force him to eat it when he doesn't want it, shoving him into the tub & holding him down after he jumped from the tub during a bath, locking him in a closet, using him as a puppet causing popping in his legs. She took in a stray prior to that & waited months to finally take her in for an eye infection & her apartment is always a mess with trash & food everywhere. She was already informed prior that I planned on taking him back if things didn't change. When things didn't, within a week I informed her I'd be picking him up & called the cops but was advised it was a civil matter since she refuses to return him believing she is a co-owner, but she is not on the paperwork at all as I am the legal owner. How do I go about initiating a civil suit for the return of the cat I adopted?
Nebraska, USA
Answer
I am sorry to hear about this cat. Cruelty to animals is against the law. People who suspect that an animal is being mistreated should contact law enforcement authorities, animal control, and humane societies. Some humane societies have the authority to investigate animal cruelty complaints.
People who believe that their animal is being wrongfully withheld can commence a civil lawsuit, such as a replevin action, to try to get the animal returned. I suggest attorney representation. While adoption records can be persuasive evidence of “parenthood,” they are not definitive proof. If a civil lawsuit is commenced, courts will also consider what transpired after, such as whether the animal was given away, sold, or abandoned. The court may consider that you circumvented the shelter’s adoption policy by signing the adoption papers when your intention was to give the cat to a person who was ineligible to adopt (and that you did give possession of the cat to the underaged person). I hope this all works out well for the cat.
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.