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.


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|

My roommate gave me full ownership of a dog we both initially owned.

My former roommate and I both shared custody of our dog however, he was abusive to the dog, and the dog was scared to death of him and so he verbally told me that the dog was now mine. I moved out and he is mad at me and so he is now trying to claim that I took his dog and his threatening to file a police report. What should I do?

By |2025-02-19T12:02:59-04:00January 28th, 2025|

Roommate leaves poisonous substances on the kitchen floor for my cat to eat.

My roommate (who is my landlord) leaves chocolate, grapes, pills, broken glass, and even a tack and razor blade on the kitchen floor, despite six different conversations over seven months explaining the danger and asking her to stop. She always "forgets." Because of this, I have kept my cat inside with me at all times (I work from home), except when the roommate leaves. Then I sweep the kitchen to check for poisonous substances before I let my cat out. My usually happy, carefree cat is feeling the stress of being limited to one room for most of the time and has developed stress-reduced dermatitis (according to the vet) and is now excessively grooming. What can I do? I even sent a letter to her documenting the unsafe living conditions, but her behavior does not change.

By |2025-03-26T14:15:22-04:00January 24th, 2025|

Can I take any action for my dog being injured at the groomer?

My dog was injured while at the groomers on Saturday. Upon taking her to the vet today, it was discovered that when clipping her nails, they clipped a blood vessel in her paw pad. I want to know if the vet bills is the only thing I can pursue, or if I can seek punitive damages as well.

By |2025-02-19T11:49:35-04:00January 24th, 2025|

My neighbors are trapping cats and dumping them.

My neighbors have been catching cats and dumping them and would not let me feed some baby kittens and they took the mom away. The kittens almost died, and I had to take them to the vet. A friend of mine had to help save these kittens and keep them alive they continue to catch cats in the neighborhood that belong to people and we don’t know where they’re taking them. I just need them to stop being harmful to animals

By |2025-02-19T15:21:00-04:00January 15th, 2025|

Illegitimate foster and adoption process.

I had fostered a dog for nearly 6 months and the foster facilitator completely forgot about my dog. During that time, I had forged a bond with the dog and when the foster care facilitator followed up (4 months later), I stated that I wanted to adopt the dog. After meeting the dog, who she barely spent time with, she triggered her and blankly stated that she should be in the country. Some family from Connecticut that could barely walk the dog was deemed fit to adopt her but it seems unethical to rehome the dog if she wants to stay with me. What are my rights to challenge this unethical adoption process.

By |2025-02-19T15:04:59-04:00January 15th, 2025|

My ex is using my dog to get to me.

I was gifted a dog by a former ex. The dog has been under the care of myself, my sister, and my nephew helps out as well. In the latter part of December 2024, my sister became sick, and she had to go the ER. I am currently out of the state of NY due to work. My sister and I asked a neighbor to keep an eye on the pup but she was unable to. My ex and I have been sharing custody, and he infrequently comes on the weekend to see the dog at random. He happened to be in the area and my sister, and I reached out to him to aid in taking care of the dog in the interim as I wasn’t close by, and she got admitted. My sister has been released from the hospital and has reached out along with myself to retrieve the dog and is suddenly getting the run around. In essence, he doesn’t want to return the dog. We are not together, I believe he is using the dog as a pawn because I do not desire to be with him anymore. I have various phone conversations and receipts along with an agreement that was made for us to take care of the dog. I need advice on what is the best course of action.

By |2025-02-19T14:56:17-04:00January 10th, 2025|
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