Pet Legal Q&A

Elinor D. Molbegott, is an attorney who maintains a law practice devoted to animal law. Elinor donates her time to answer questions from North Shore Animal League America supporters who would like to learn more about animal law.

Reclaiming lost service animals.

My cat service animals for my mental state got out of my cousin's apartment, and they were gone for a while. They came back. The neighbor picked them up called animal control. I was in Portland for two months and I didn’t know what happened until I got home a week later that’s when I found out. I called five animal shelters where they were, this was three months later because I was looking for the one shelter that adopted them out. I want to reclaim them paperwork on them that I’m the owner service animal, veterinarian papers, and psychiatrist papers, and primary care papers. They are trained cats and if for my emotional support for my neuropathy. I’m desperate to get them back.

By |2025-03-26T14:58:21-04:00February 28th, 2025|

Dog passed on to me by friend wanted by next of kin.

My friend passed while her daughter was in jail. Her dog was given to me by police, now a month later the daughter wants the dog. I have licensed her into my name already and microchip. Do I need to return the dog? Her mother didn’t want her to have the dog, but I have nothing in writing but witness to the conversation.

By |2025-03-26T14:51:30-04:00February 26th, 2025|

Adoption refused due to same sex dog at home not being spayed.

Help! My mother, who is a senior wanted to adopt a senior female dog (7yrs old) Chihuahua mix from a local shelter. Recently, one of her dogs passed away, and the other dog left behind is showing signs of grief from the loss of her playmate/sister. Not to mention my mother for losing her dog. The shelter refused her application for the adoption of the senior dog because the dog she has at home (which is a female, same sex), was not spayed. There is absolutely no chance of the two dogs breeding. Why would the shelter deny the senior dog (sitting in a crate for the past 3 months) of the chance to live out its life within a loving home? Does a dog have any rights? Shouldn’t an adoption be on a case-by-case basis? Seems cruel to me. The woman I spoke to at the shelter said, “it’s their policy”. Meanwhile they have every cage full.

By |2025-03-26T14:41:53-04:00February 21st, 2025|

Someone else neutered and declawed my cat.

My cats got out and we’ve put posts and flyers up everywhere to find them. Supposedly someone found one of my cats, declawed and neutered them. Now you can’t just take someone’s cat and do that having a feeling that the owners are currently searching for them. So, my question is if can I take the person who neutered and declawed them to court and sue?

By |2025-03-26T14:35:29-04:00February 16th, 2025|

Will my dog be neutered?

Animal control picked up my dog that got out today due to strong winds blowing open the gate. Are they going to neuter him without my permission?

By |2025-03-26T14:24:23-04:00February 13th, 2025|

Rehoming an aggressive adopted dog.

Our daughter adopted a dog from a pet rescue, and it's not working out. The puppy is too aggressive to be around her 3 younger children - he has already bitten 2 of them in the face. When she adopted him, she was told his parents were golden retriever and Australian Shepard with one of them being a service dog. Since he was being so aggressive, she had a DNA test done by Embark and it came back 45% Pit Bull, 26% German Shepard, and various other breeds. She regrets signing the adoption agreement saying she could only return the dog to them if it didn't work out and that they will always own the dog. That's so ridiculous. I know rescues are trying to protect dogs, but when you adopt a dog, it should be yours and you should be able to give it away to where you choose if need be. She would rather give it to a Pit Bull Rescue or some other rescue. The place she adopted him from is fraudulent - they deceived her about the breed, they won't respond to her communications, the health report they gave her is bogus, the pickup procedure was questionable, the puppy isn't the picture of the one she asked to adopt, etc... This non-profit should be put out of business. They finally responded when our daughter contacted another rescue, and that rescue called the rescue she got the puppy from. They said to our daughter they will take him back but have to find a foster for him - that could take forever - I can see that coming. My question is, is she obligated to return the dog to this fraudulent rescue she got him from, or due to the circumstances can she give him to someone else without legal consequences?

By |2025-03-26T14:25:39-04:00February 13th, 2025|

Is this groomer/dog spa liable for the the dog’s injuries?

1. Dog was first time customer for grooming at dog spa, a 6 1/2 year incident free thriving business in Miami Dade Florida. 2. Dog was stray adopted by owner 3 weeks prior to dog grooming appointment. 3. Groomer asked if dog had special needs. Owner responded skiddish, but nothing about jumping. 4. Dog kept in waiting area with other dogs. 5. Dog ran into fenced property and jumped over 6' fence surrounding dog spa property. Dog then ran and jumped over 5.5' fence surrounding vet clinic outside the 6' fenced property. Dog ran into street and was hit by car and injured. 6. Groomer immediately brought dog to vet where it was treated for injuries. Groomer paid. 7. Dog owner is claiming groomer was negligent. 8. Attorney sent letter to groomer for all future and past injuries for dog.

By |2025-03-26T14:13:40-04:00February 13th, 2025|

My ex is keeping my dog from me.

I have a warrant against my ex-boyfriend in a domestic case. He took the dog that is registered to me. I’m legally trying to get her back. Police are saying it’s a civil matter. I have her registration in my name, her adoption papers, and proof of payment for paying for the dog.

By |2025-03-26T14:16:10-04:00February 7th, 2025|
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