Previous owner trying to take back dog.

Question

We recently had an issue where our neighbor claimed to be bit by our dog resulting in a 10-day quarantine. We rescued this dog 4 years ago from a girl who gave him up- we have texts and documentation of this. However, he is microchipped, and she never wanted to or would sign over the microchip information to us. Fast forward, she was contacted of the quarantine and wants to take him back from the shelter after 4 years. They are saying she's the owner due to the microchip. How can we fight this? We have been with him for 4 years, have taken care of him, and helped him in so many ways. He is our family and now she is trying to come in and take him again. Can she do this? Do we have a case?

Nevada, USA

Answer

As you have personally seen, it is very important to change an animal’s microchip registration when “parenthood” of the animal is transferred.

A microchip can truly be an animal’s ticket home and can help to prove “parenthood.” However, it does not always definitively prove “parenthood.” Even texts or emails which indicate that the dog was gifted may help to convince authorities that rights to an animal were transferred, along with evidence that the dog has been in your possession for four years, that you have been paying for the dog’s needs (food, veterinary expenses, etc.), and veterinary records in your name.

People who believe that their animal is being wrongfully withheld can commence a civil lawsuit, such as a replevin/claim and delivery action. The court will consider more than simply the microchip registration. I suggest attorney representation and hope this works out well for the dog.