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The so-called "6-day Rule" and ownership of an animal in Arizona

4/29/2013

97 Comments

 
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Being a lawyer means often correcting the legal misconceptions of others.  As an animal lawyer, one of the most common misconceptions that I encounter is the so-called "6-day Rule."  I am often informed that, according to Arizona law, any person who possesses an animal for more than six days becomes the owner of that animal.  This is NOT true.  Determination of the ownership of an animal, just like ownership of any property, depends on the evidence that a person can provide demonstrating a claim to ownership.  While duration of possession can be an important piece of evidence, it is not conclusive.

The "6-day Rule" comes from Arizona Revised Statutes section 11-1001(10).  This section provides the definitions that are applicable to the article of Title 11 dealing with animal control functions.  This specific subsection defines an owner, for the purposes of animal control issues and the statute regarding assault with a vicious animal as "any person keeping an animal other than livestock for more than six consecutive days."  The purpose of this definition is not to cause any change in ownership of an animal that someone holds for more than six days.  If that were so, then any kennel that watched a person's dog on a week-long trip would then own the dog.  Rather, the point of this definition is to impose liability on anyone who has an animal for more than six days, as it is reasonable to conclude that the person has some degree of control over the animal.

This is clear by looking at the first sentence of section 11-1001, which indicates that it applies only to that article (and the assault statute).  The other statutes in that article deal with issues like dog licensing, rabies vaccinations, dogs at large, and bites.  None of these statutes deal with deciding ownership of an animal.  Thus, the "6-day Rule" is not much of a rule at all -- unless the dog you've been watching for a week happens to bite someone.

97 Comments
Amber Murray
11/9/2015 06:04:55 pm

Maricopa County Animal Control applies this rule as animal ownership. Scenario: I find a chihuahua on Wednesday. The following Tuesday I take it to the shelter because I can't find the owners. They ask me how long I've had him and I'm honest. They label him as an owner surrender and do not apply the 72 hour stray hold. He can now be placed on the e-list, immediately adopted, or pulled by a rescue. While I know that if someone can prove they own an animal and it should be returned to them after 6 days, the 6 day owner rule does apply in many cases.

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Sandy link
11/9/2015 06:47:54 pm

What are the laws to finding a pet with regards of doing little or nothing to find the owners?

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Chris
11/11/2015 07:26:06 am

Hi Sandy,

I am not entirely sure what you mean by this, but general abandoned property law requires a person who wants to keep property they have found (in this case, a companion animal) to make reasonable efforts to find the owner. With an animal, this usually includes contacting the local shelters, putting the animal on local "found animal lists," and maybe even putting up signs. If a person finds an animal and does little or nothing to find the owners, then that person might have to give the animal back even after the usual time period for abandonment passes. I hope this answers your question. Thanks!

Chris
11/11/2015 07:22:57 am

Hi Amber,

This is how the "6-day rule" is most often applied, and unfortunately often results in animals being adopted away too soon.

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Pauline Haas-Vaughn
7/23/2016 08:18:07 pm

so then what is the actual legal stray period in which a rescue can then alter the animal and make it available for adoption?

Chris
2/28/2017 09:20:52 am

My apologies for the delayed response, but there is not actually a legally-imposed deadline for holding a stray. As for the time before an animal may be altered and adopted, however, Section 11-1013 (http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/11/01013.htm) provides a minimum of 72 hours, or 120 for an animal with a microchip.

Emma link
10/23/2019 03:43:28 pm

So I have a friend who gave me two dogs 6 months ago because she couldn't take care of them anymore. She texted me today saying that she moved and she can take the dogs back. She has regristration for them. So obviously she could get them back but her kids are cruel to the dogs and I don't want her to have them

mandalesha tolbert
11/10/2015 11:48:31 am

I was wanting to ask a question. I lost my dog and someone picked him up and took him to work then gave him to a client to take to the pound and the client turned around and gave him to a stranger while I the lobby of the pound. My question is what can legally be done to get the name of the said client from the person that picked my dog up in the first place

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Chris
11/11/2015 07:21:13 am

Hi Mandalesha,

Unfortunately, you may be required to sue the person who picked up your dog, and obtain the client's name through discovery. You may also be able to file a "John Doe" lawsuit and subpoena the person who picked up your dog to provide the name. This kind of situation can be expensive and time-consuming. Good luck!

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Lori
2/19/2016 10:14:30 am

How would or wouldn't this law apply in the following scenario; A family member leaves their pet behind when they vacate the family dwelling. A young child in the family attaches to, loves and cares for the animal, even though their parent covers cost of food, vet care, etc. Ten or so years later, the then-child comes of age and begins the process of moving out on their own, and believing he has "raised" said animal, takes the animal with them. Suddenly, the parent objects claiming the pet as "their own" as they've covered costs associated with caring for the pet. Who "owns" the pet?

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Chris link
2/28/2017 10:01:20 am

This situation is complicated by the fact that the child was a minor at the time of "raising" the animal. One thing is clear -- the original owner (who left the animal behind) should have no claim. As between the child and the parent, though, it is tricky. Technically speaking, minors do not really own their own property -- they possess it at the pleasure of their parents. Nonetheless, a pet has its own particular needs, and some judges will take those into account when deciding who owns them. In the end, contests for ownership of animals usually come down to a judgment about which person has the most attachment to the animal, financially and emotionally. It can be a tough call. I know that this really does not give you a solid answer, but unfortunately that is how this area of law is.

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Amber
2/20/2016 10:11:28 am

I apologize for the extraneous post but accidentally I subscribed to comments and am still interested in following.

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Crystal
5/12/2016 12:57:33 pm

We had a friend abandon two dogs with us following an eviction a month ago. Since that time, he has made zero effort to call and ask about the dogs. We have reached out to him twice in 3 days with no response. The dogs are geriatric and we wish to keep them through the end of their life. How does this law apply?

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Chris link
2/28/2017 10:03:22 am

This particular law (the "6-day rule") does not apply to this situation. The situation you are describing is a general property abandonment (or not, depending on which side of the case you find yourself) scenario. I have seen people use this statute in situations like this, but as my original post explains, it is not intended for this situation.

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Kenda seavers
1/3/2017 06:58:47 pm

So if someone does everything possible to find the owner of a dog websites Flyers at County pounds Flyers at vets offices online postings excetera how long do they need to do that before it is that considered abandonment should the owner eventually come forward? Question more directly is how long do they need to do that before they can adopt a dog and not be in fear that the owners will eventually come forward and require them to give the dog back.

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mindy r fogle
1/4/2017 06:36:44 pm

I would like to know the answer to this question. We love the stray we found 2 months ago. Made serious effort in finding his family, with no luck. The neighbors believe his family moved and left him behind. I would like to keep him forever and worry that If his family comes for him. That I have to give him back.

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Kelley Bradbury
2/24/2017 06:23:31 pm

No, you do have to give him back:
Arizona Revised Statutes Section 11-1001 Definitions:
2. “At large” means being neither confined by an enclosure nor physically restrained by a leash.
10. “Owner” means any person keeping an animal other than livestock for more than six consecutive days.
12. “Stray dog” means any dog three months of age or older running at large that is not wearing a valid license tag.

Linda Hendricks
7/17/2019 03:06:03 pm

So Chris, are you sayung that those of us who run independent rescues, not government animal control facilities, are sitting ducks? There is no time at which we have the LEGAL right to alter, vet, rehabilitate and adopt out a dog who came to us as a stray? We, legally speaking, only have the right to turn the dog over to animal control to do whatever they want with because animal control, a government facility, is the only recipient that is protected by law? That's so wrong and something needs to be done about it. It is particularly glaringly red neon letters wrong when animal control uses the 6 day law to claim that any party, public, rescue, or New Hope partner who has has a stray dog in their custody for 6 gays trying to find the owner now is the legal owner IF said party now wishes animal control to take the dog because the dogs family may not even have internet. Maybe they are searching the pound daily. Right? But animal control will penalize said party by charging the "owner dumping dog" intake fee. NO GOOD DEED GOES UNPUNISHED! SMH.

Natalie
1/27/2017 10:35:30 pm

So I have been "dog sitting" for 2 weeks now and haven't heard from the owner at all! The owner lives between 2 states and honestly is not the greatest pet owner. Is there a law that helps me claim this pup as mine if he doesn't contact me?

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Kelley Bradbury
2/24/2017 06:21:04 pm

Arizona Revised Statutes Section 11-1001 Definitions:
2. “At large” means being neither confined by an enclosure nor physically restrained by a leash.
10. “Owner” means any person keeping an animal other than livestock for more than six consecutive days.
12. “Stray dog” means any dog three months of age or older running at large that is not wearing a valid license tag.

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Lynn
7/2/2017 04:34:30 pm

no much if an answer IMO. Doesnt clarify anything.

Kelley Bradbury
2/24/2017 06:18:12 pm

FYI!!!
TO ALL
PLEASE SEE BELOW!

Arizona Revised Statutes Section 11-1001 Definitions:
2. “At large” means being neither confined by an enclosure nor physically restrained by a leash.
10. “Owner” means any person keeping an animal other than livestock for more than six consecutive days.
12. “Stray dog” means any dog three months of age or older running at large that is not wearing a valid license tag.

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Amber
2/25/2017 02:15:37 pm

Kelley Bradbury did you read the original post?

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Linda Hendricks
7/17/2019 02:11:11 pm

Kelly, PLEASE SEE ABOVE. You are NOT helping, not answering specific questions, and you are full of horse poop. The 6 day law of ownership ONLY applies to liability, not the finder's ability to claim the property as their own.

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Chris link
2/28/2017 11:14:13 am

Hi All, Chris (the owner of the website and the author of the original post) here.

As Amber has pointed out, Ms. Bradbury's posts are erroneous, as you will determine by reading my original post. To answer the several recent questions along the lines of, "I have had a dog in my possession for X days/weeks/months, and have made efforts to contact the original owner -- what can I do?":

This is an issue of general property law. A.R.S. section 11-1001 (and the related statutes) DO NOT govern this. Unfortunately, there is not much law on this subject. One statute (A.R.S. section 12-941 -- http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/12/00941.htm) provides that a public agency can return abandoned property to its finder after 30 days of efforts to find the owner. That is often a good guide to ensure that you can legally keep an abandoned animal, but it is not a guarantee.

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Nic
3/5/2017 10:11:07 pm

So my 10yr old dog got lost, she has a microchip, i put out signs, and someone found her. They called the number and my aunt told them it wasnt my dog. But it was. Ive put my dog PIC on social media. I finally find her 3/5/17. But the "Rescue" told me that they will not give her back until they do a home inspection, im currently in a motel, they said that a motel is unacceptable. And by the az 6 day law they get to keep her. Ive had the dog for 10yrs.

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B
5/19/2017 03:14:41 pm

Nic, do you know the name of the rescue?? where is the rescue?

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Lynn
7/2/2017 04:42:24 pm

Many "rescues" are misinformed because they think the County pound 6 day rule applies to them..... Recently a dog was brought to MC AC (Maricopa County Animal Care & Control), dog was sent to an out of state rescue (trying to lessen the killing / "euthanasia") Owner found out the dog was sent out of state. Out of state rescue was willing to return as long as MC AC did their part in requesting/verifying dog belonged to the purported owner. Dog was returned! (dog sitter had lost dog originally)

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Linda
11/20/2019 09:38:19 am

Lynn, many "rescues" are misinformed, not because we think something applies to us that in actually doesn't. Legitimate rescues don't THINK anything. They ASK. MCACC even uses the 6 day law AGAINST their own New Hope partners in order to charge the intake fee for owner surrender. The case you cite? It was a voluntary choice made by county to contact the out of state rescue and REQUEST return of the dog, and a choice by said rescue to do so. The government protects itself. At the end of the government 72 hour stray hold, the government owns the animal and the prior owner has lost all rights to his or her property (said animal). The government may sell, transfer, or kill the animal at their discretion. Whether you are a rescue, MISINFORMED by both Maricopa and Pinal counties, or just an animal loving member of the public, you are a sitting duck if you take in an animal and attempt to find the owner, but fail, because the POS owner isn't looking for their property. Oh, he ran away. Too bad. But let that POS owner hear a year later that you spent $1000 restoring his neglected property to good health and collected a $150 adoption fee, AFTER 30 days of due diligent search, suddenly the owner loved his dog and sues the pants off of rescue/good citizen. Did you attend the New Hope legal round table meeting at MCACC? I did. My only question was echoed by a rescue in this thread. How long before we have the legal right to find an animal a forever loving home? The panel of 4 attorneys said the 6 day law does not apply to strays, but never answered "how long?". How long do YOU THINK a rescue should search for the owner before legal ownership can be claimed, since you presume to know what WE think?

John
3/24/2017 11:31:56 am

We live in a semi-rural county property close to a mountain range. I lost my (chipped) cat one night a year ago. Cat got skiddish because of a predator and ran off. Posted signs on community mail boxes. on-line missing pet posting. searched the area, within 3 miles for weeks for evidence of his possible demise, culverts, rooftops, coyote dens (not safe place to go), placed trail cams for predator evidence without luck. 5 days ago I discovered the cat is with a neighbor within a quarter mile of my house and won't even give me access to him. What are my options to retrieve the cat. he's my good friend for 7 years.

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Chris link
3/24/2017 11:40:05 am

Hi Nic & John,

For both of your situations, the answer is basically the same -- you can file a lawsuit against the people who currently hold your animal. Be sure that you gather as much evidence as possible that you are the rightful owner of your animal. Typical evidence includes vet records & bills, photographs of you with the animal, registration/licensing records, microchip registration records, and even testimony of your family. While the defendants may cite the "6-day rule," the judge should rule that it does not apply if the issues discussed above are properly explained to her or him. Good luck!

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John
3/24/2017 12:06:56 pm

Thank you very much for the information. Clearly the current possessor (can't posses a cat I presume) dis not do their due diligence and check the Cat for a chip or look at the posters on the mailbox, ours and his are the same, nor associate the discussions I had with him during my search for the cat, I do know him. Shame the situation is "Finders keepers loser's weepers" in the general populations mind set. Shame the laws don't discuss these issues in the broader or, more specific sense. Bottom line you say is lawyer up, discovery and, go to court. this should be simplified. pets missing do to failed gate closures, fireworks or, similar situations should not be subject to court proceedings. Simple animal control resolution, manpower and budget issues aside.

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Gia
4/23/2017 11:44:39 pm

What do you do when the case is abandonment after 6 days with Constant Contact trying to find the owner. I have been sitting for has been abandoned. The dog is very sick very sick. I travel a lot for work and I do not have the resources to have this dog or take care of what his health needs are

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Chris link
4/25/2017 07:28:25 am

Hi Gia,

Being the person having possession of the dog, you have a responsibility (legal and moral) to get the dog treated if he is very sick. You should either take him to the vet or to a non-profit agency that will take him to the vet. Any expense that you have treating the dog will ultimately be the responsibility of the dog's owner, even if that person has abandoned him -- though you may have a hard time getting that person to pay. In any case, get that dog some help!

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Leslie
5/6/2017 06:50:16 am

I am so glad I found your blog - thank you for doing this. So my scenario is that my soon-to-be ex-boyfriend adopted a rescue dog in June 2015 from AAWL. He verbally gave her to me last November and I have taken care of her since then. I have gotten her vaccinations, had her "snake proofed", etc. The other night we got into an argument and he threatened to take her back (hence the soon-to-be ex part) and I was devastated. After we made up, I asked him if he would sign an agreement to transfer ownership and he said no. However after reading your posts It sounds like I might have some legal legs to stand on, so to speak. Are there other things I can do to eastablish ownership? I want this person out of my life after he chose to use "his" dog as a means of hurting me. I am nervous because he has the documents from the adoption agency showing him as owner and I also don't know if they have a right of first refusal clause. The ironic part is that I previously told him that if we were to break up, that that he would have visitation rights and could take her for a day or two and now I wouldn't feel comfortable doing that.

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Chris link
5/8/2017 10:18:03 am

Hi Leslie,

As I have mentioned, anything that supports the idea that the dog is yours will support your claim to ownership. If there were any witnesses to him telling you that you can keep the dog, that will be important. Good luck!

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Roz
5/7/2017 12:26:51 am

Hello Chris

What can be done if a lost dog was "found" by an independent shelter, and then put up for adoption, with no effort made to find the owner. The shelter claim a volunteer saw the dog being thrown out of a car window, and assumed it was abandoned. The owner put up flyers, canvassed the neighborhood, posted on various sites. he dog was only found when someone alerted them to the dog available for adoption on the shelter website. The owner was forced to "adopt" their own dog back.

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Chris link
5/8/2017 11:14:09 am

Hi Roz,

In this case, the owner has the dog back, so the issue would be whether or not the owner should get the adoption fee back. Unfortunately, this is likely an enforceable contract, but without better information I could not say. The owner should consult a local attorney.

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Roz
5/10/2017 09:56:46 pm

Hello Chris

Thanks for your reply. After a news story and multiple social media posts it has been established that the director of the rescue made the decision to keep the dog even though she knew that he was lost and the owners were actively searching for him.
She admitted she did not post flyers about the dog nor did she advise animal control. She made racist comments which implied that because the family were Hispanic they did.not treat the dog well and that she made the decision to keep the dog. Is there a case here of discrimination? Is there an entity that overseas who 503(c) rescues conduct themselves?

Mckenzie
5/13/2017 01:47:03 pm

So our neighbors dog was out when we got home last night and we've tried contacting them and we know they've gotten our messages and have been home when we've knocked but they don't seem to care that their dog is gone. We have the dog now but any time they're home no one answers the door. The owner was just telling me last week that he's upset that she wasn't a teacup dog (what they thought she was) and we think they just let her out because they didn't want her. At our apartment there isn't any way she could just escape by herself so, I'm just wondering what the laws would be if we decided to just keep her if they just don't get back to us..? We would love to give her back to her family but if they don't want her I don't want to surrender her because we could take care of her and we have another dog as well.

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Chris link
6/13/2017 07:33:33 am

Hi Mckenzie,

Again, this situation falls into the general property law rules. Here, your claim would be that the original owners of the dog have abandoned her. Abandonment occurs whenever a person gives up property with the intention of not taking it back. In that case, you can lawfully take the property and keep it, because it is technically unowned at that point. Of course, you still have to obey all of the laws regarding ownership of the property -- in this case, you have to take proper care of the dog, have her vaccinated and registered, and things like that. Though you can sue the original owners for ownership of the dog, you do not have to. Instead, you can raise abandonment as a defense if they sue you for her. Of course, the details of your situation may make a difference, so you may want to consult a local attorney. Good luck!

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Sara
4/18/2019 07:46:32 pm

Chris - when I tried to file civil suit they would not allow a motion to get property back. In fact they flipped back and forth regarding justice court vs. Superior Court on where to file. To get replevin ... Superior Court however value is like 10K. Where as Justice is ok for 1k. Did I file everything wrong?

Jennifer
5/16/2021 07:51:09 pm

I have a similar situation.A co-worker Who originally owned the dog we have, would move a lot and rent out rooms from people and was an alcoholic and kept loosing her place to live. Eventually she got to a point she had to find a new home for her and I knew right away she would be a great fit in our home. We have had Her for almost 6 months now.the original owner would text us once a month after the fist 2 months passed and created perminate residency in California, and would ask how the dog was doing. When we first got the dog we had to ween her from people food and soft canned food only to eventually to kibble and doggie vitamins. She seemed to lack energy and originally had a bit of trouble chewing the kibble up. People food and canned dog food only is what she was eating for 2 years and definitely not getting the nutrition she needed. Also had bad manners like not being able to sit or lay anywhere except on somebody's feet or lap.. and she is a pit bull and not so small. She expected that when you were eating she was going to eat your food also. She was an inside dog only. Now she sleeps in her own bed on her own, has a fenced in yard where she can enjoy outside playtime, had her own toy box, is kennel trained,knows where her food is and eats hard kbble with the right nutrients.
Also she never has to be with someone other than me or my spouse. I believe we have a stable home for her with lots of love and structure along with consistency.now the original owner says she is coming for her dog and I am attached and worried to let her go cuz I believe she might not ha e a suitable/ stable living environ ment her due to her constant moving around and her alcoholism and mental state. What do I do?

dave mull
6/7/2017 07:47:48 pm

I am a bit confused. If one makes all the efforts to find the owner, how long does the finder have to have the dog before it becomes the finder*s property? Or is there NO TIME LIMIT?

Thank you

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Chris link
6/13/2017 07:24:26 am

Hi Dave,

There is a time limit, though it can vary depending on the circumstances. Generally, if the finder makes all the reasonable efforts (flyers, contacting the shelters, etc.) to find the owner, then the general property law applies. If you report the found property to the government (such as the police, or even animal control), then 30 days may be long enough for the finder to claim ownership. See A.R.S. § 12-941 (http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/12/00941.htm). Please keep in mind that, technically, this statute requires that the property be turned over to the government agency to hold, but in practice they often allow finders to hold dogs for them. I hope this helps!

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Angela Flowers
6/12/2017 06:41:02 pm

I have a question a friend of mine was giving me 2 Saint Bernard puppies we have been over to see them numerous times we've had text messages back and forth telling me that the puppy is going to be ready to go on June 16th we told her which two we want it it's all in text messages and now she's telling me that I cannot have the puppies and I'm trying to find out if this is legal if she can keep the puppies away from me even though she's already said I can have them verbally and through text

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Chris link
6/13/2017 07:26:19 am

Hi Angela,

This would fall under the rules regarding gifts, and often promises to give a gift are not enforceable, so you may have no remedy here. You should take the text messages to an attorney, along with any other evidence you have, for more detailed advice.

Chris

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Brooke
6/20/2017 10:03:37 pm

My scenario is i have been in possession of a beautiful white dog who just showed up at my house uncollared. Within a week I took her to a vet where she was scanned and a name, address, and email information was provided to me. I went to the address a couple of times and no one by the given name lived there. I sent an email but the email address was not valid. I then went to social media where i found the owner. Only to find out the owner is incarcerated. I contacted a family member of the owner who said it was the relative's dog but afterwards got no response of what she wanted me to do with the dog. The animal, we now call Betty, has been with us for several months (4-6 months now.) I would love to adopt her legally but don't know the process. I don't know what to do. Any information would be helpful.

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Chris link
1/21/2018 06:07:29 pm

Hi Brooke,

My apologies for not responding sooner -- I get very busy. At this point, from what you have told me, you should be able to simply call the dog your own. If the original owner gets out of jail and comes to claim her, then he can file a lawsuit, and you may want to retain an attorney at that point. There is no legal adoption process for a dog like there is for a child. Good luck!

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Lori
7/14/2017 07:43:57 pm

My mom have me her dog. The dog was passed from a couple
Families before she got the dog and then gave him to
Me after a month. The original owners want the dog back
And claim to have all paperwork.
I don't know these people and not sure what
They never gave the paperwork to the new owner.
Now the original owners are claiming they will call
The police because
They have all the original paperwork showing ownership.
It has been at least 3 months that they gave
The dog up.
Is there anything I can do? I have an appointment with the vet
To check for a chip as these people say the
Dog has a chip. I have owned the dog for 1 week and love him.
I can not imagine just handing him back.
What can I do?

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Chris link
1/21/2018 06:09:20 pm

Hi Lori,

My apologies for not responding sooner -- I get very busy. In my experience, the police in this situation will tell the other person that they consider this a civil matter and will decline to get involved. The other person may choose to file a lawsuit, and then you may want to get an attorney. Good luck!

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Cesar D.
7/18/2017 08:42:00 am

Hello, I have a question regarding the abandonment of a dog. Here is the situatuon, my aunt was living with a friend, (only a friend, not lover), he moved out of state 9 months ago, basically cross country. Now 9 months layer after my aunt gotten so attached to the puppy he wants the puppy back. He has made no attempt to make any arrangements prior to this to get the puppy back. He has called several times but not once had he even asked about the puppy. My aunt has been paying for the groomers, shots and all other expenses. To me the puppy is attached her as she is to him. She literally broke down in tears when he said he wanted the puppy back. She literally is filled with joy when she sees the puppy as is the puppy when he sees her. The puppy is like a comfort dog for her, meaning before she was so down and now with the puppy she has been happy. Is there any recourse for my aunt at this point? I truly believe that if he takes the puppy my aunt may go into a depression. My aunt is 60 years old and the puppy is all she has, no children. The puppy literally is her child. Can someone please lead me in the right direction so my aunt can keep the puppy. She has been solely caring for the puppy for the last 9months. Thank you

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Chris link
1/21/2018 06:11:52 pm

Hi Cesar,

My apologies for not responding sooner -- I get very busy. Your aunt should collect all of the documentation that she can regarding her exclusive care for the puppy, as well as anything else that can demonstrate that she is the rightful owner and caretaker for the puppy, and refuse to let her friend have him. If he wants to file a lawsuit, she can use all of the documentation and evidence to prove that she is the rightful owner. You may wish to consult a local animal law attorney. Good luck!

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Scott Fichter
8/14/2017 08:24:23 am

One week ago today, I found a stray dog. I've listed him in several online forums, yet nobody has claimed him. I haven't seen ANY notices published, either online or locally posted that would have been put up by the owner of this sweet dog. I'm prepared to keep him, but unsure what my rights would be. I feel perhaps the owner doesn't have access to online forums or the means to put up lost dog posters. I'd like to think that rather than think the owner just doesn't care. If the latter is true, I'm more than happy to keep him. My other dog definitely approves of his new friend.

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Kaisha
8/18/2017 12:54:10 am

Hi Chris,
My ex-boyfriend bought me a dog off of Craigslist last September. In mid December, I was in between finding an apartment for myself so I was living with my parents who could no longer house her. He had offered to watch her until I got back on my feet and into a good home that I could raise her in. During that time he took it upon himself to get her spayed and all of her shots updated. After a few months of watching her he claimed that she was his dog and refused to give her back to me (because I was now in a relationship with someone new). His roommates contacted me telling me that he is never home to watch her, she is no longer potty trained, and he pawns her off on family members to watch - which is most of the time just dropping her off at his parents house. They were concerned for her well being and invited me to come and take her while he was at work. He is now filing a lawsuit against me to take ownership back - claiming that she was his the entire time. I do not have access to any of her vet records (since he had everything done) other than one visit when I had her treated for worms shortly after getting her. I have pictures and Petco statements from September - mid December. How can I prove in court that she is really my dog?

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John Villegas
10/3/2017 04:48:59 pm

I have a question, I obtained a dog on Thursday, the holders of said dog stated they took dog to vet to see about microchip, vet office called owner, owner told vet that he doesn't want him because he is a runner, vet office calls holder, holder comes to pick up dog again, holder posts on social media, it's shared, comments show that dog has been around awhile I personally have seen the dog a few times in the neighborhood the last few years. Holders finally can not hold him any longer so they post to find a new home, I respond obtain dog, now owner went to holders House and demands dog back, can he do this?

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Amber
10/11/2017 11:10:20 am

There's so many unanswered questions here, the first being, was the person that the vets office spoke with the legal owner of the dog? And if they released ownership why was it not done in writing? (Microchip companies would not authorize transfer of ownership without written agreement by the owner.) Was someone being dishonest because they were tired of the dog getting out? I'm not a lawyer, like the owner of the blog is, but there's a good deal of hear say in your story without any definitive facts, so it's very possible the owner never relinquished ownership of their dog and you were transferred someone else's property.

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Micki Hartranft
11/12/2017 09:23:11 pm

A friend had a dog come onto her property recently. He was very skittish, but loving. She walked with him up and down her lane to see if anyone knew who he lived with, but nobody knew. He had no collar or tags. So, she took him inside and he made himself comfortable. Followed her around like he belonged to her. So, a woman yelled for the dog the next day while they were outside. The dog didn't go to her so she came over and took the collar off and kicked the dog and told he that dogs shouldn't be treated nice. So, the next day he came running to her again and the woman came after him and was very nasty to him. We are all fearing that she is very abusive toward him in private if she is kicking him in front of someone. She is afraid the woman will do something to her horses or pig if she reports her. She would really love to keep the dog. What should she do?

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Denise Wilkins
1/30/2018 02:57:05 am

My ex husband has been renting a room from me for years. I gave him an eviction notice this past Sunday (1-28-18). During the time he has lived here I rescued a dog. His name is Bear. His owner gave him to me. I got Bear micro-chipped. At the vet I am down as his owner. When I told Steve my ex he had to move he announced Bear was going with him. I told him no he wasn't. Bear has seizures occasionally. This started about 8 months ago. He is 7 years old. We have another dog too who is almost 5. His name is Tacoda. Bear and Tacoda are very close. Steve has addiction issues and is moving to WA. Our home is Arizona. Bear has lived here since he was 4 mo old. Steve has no idea where he is going to live. He can't take care of Bear. He can't even take care of himself. Once he gets to WA things will get worse for Bear and there is no way I'm letting him go. He is my baby. I am not thinking of myself but of Bear Bear. He is the sweetest boy. He was abused and traumatized when he came to live here. It took a long time to get him over some of the trauma and he still struggles with some issues. Moving him would not be good for him. Steve could care less. What do I do?

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B
1/30/2018 08:42:53 am

I don't think that's legal - the dog is registered to you on the chip. I'm sure your name is on all vet bills that have been paid for the dog, etc. Tell your ex if he leaves with Bear you will file a police report because that will be theft. Unfortunately, I just don't know what can be done to keep him from taking the dog while you're at work or something or not there when he actually moves out. That's the hard part - filing a theft report after the fact is like shutting the barn door after the horses have already gotten out and he probably won't care if he has a warrant out for arrest here :( All I know is that if he takes him it will be theft.

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Denise Wilkins
1/30/2018 03:34:06 pm

Thank you so much B. That makes me feel a lot better. My name is on the microchip and the vet bills. I also am disabled and don't work so I am home and believe me the day he moves out I am not going anywhere. I am thinking of taking Bear to a friend's house and leaving him there until my ex is gone. Again, thank you for your comment.

B
1/30/2018 04:53:02 pm

Denise, I was going to suggest possibly not having the dog in the house too until the ex moves out but you didn't mention how long you gave him to move out so wasn't sure if that was feasible for you. If you have someone that can hold on to him for you - someone the ex possibly doesn't know or can go get from them - I would do that just to be on the safe side. But should he somehow follow through with his threat call the police - it is theft. You have all paperwork to show the police that the dog is yours and yours alone. It would be as if a roommate took your things when they moved out - theft! Make sure you have his car make/model and plate # written down somewhere just in case (I don't even know my own plate # so I definitely wouldn't know someone else's) Good luck, I hope it was just an empty threat because he was mad about the eviction notice.

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Lisa McLaughlin
2/5/2018 05:58:45 pm

Hello? What's the answer

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Lisa McLaughlin
2/5/2018 05:57:11 pm

I found a little kitten in a bush at my apartment complex. I've seen her running around before. I was able to get her inside. Feed her and give her water and blankets. She's now bonded with our other cats and my roommate and myself love her. We've had her for two weeks. Now out of nowhere this person knocks on the door and said she saw her cat in our window and she wants her back or she'll call the police. Theres no chip or tags. No proof at all if she's the owner. This is a tiny little kitten. Do we have to give her to a stranger that claims she belongs to her? ?

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Sheree
2/5/2018 06:13:34 pm

Did you do anything to find the owners? If not, them I think they have a right to ownership if they can prove it is theirs

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B
2/5/2018 06:29:02 pm

From his words above - "Determination of the ownership of an animal, just like ownership of any property, depends on the evidence that a person can provide demonstrating a claim to ownership" if the person has no proof - like pics, vet records or any single thing then I wouldn't believe them, they could've just seen the cat in your window and remembered from the complex and now that you've taken the time to tame etc now they want it?? Any pet owner will have proof that a pet belongs to them. Does your apt complex registering the pets with the office so they know what and how many pets you have in case of emergency? if yes, then the other person or office should have that documentation showing the cat is theirs. They should have vet bills from getting it vaccinated. See if you can go to their apt and see if they even have cat food or cat items around the house like toys or bed. If the police are called they can't do anything either if the person has no proof of her claims. If she has nothing to show you she won't have anything to show them either. I have seen over and over that the police don't do anything anyway. If it were me and they had nothing to prove the cat was theirs I'd tell them to go ahead and call the police but that is me. Proof, proof, proof - no proof, no cat

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Koda
2/13/2018 02:29:40 pm

Weve cared for a dog for a month and just found out it has a chip unfortunately the former owner has tried to claim it what can i do to keep the dog that ive grown attached to and love?

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Matteo
2/15/2018 05:19:20 am

In June 2017 an imported, born in Mexico microchipped chiuaua was left behind in AZ by the owner as a pending divorce court case was requiring her presence in England to be finalised. Coco, the dog was left with a not so caring “sitter” for about a month, underweight and stressed. In July2017 the owner called me begging to care for the dog, excplicitly stating the 1 month length it would take for her to come get her, so I agreed. Yesterday, February 14th 2017 she texted asking for her back... she has now moved to Mexico so she is asking for me to drop off the dog to be crated and shipped to her there. My 9 yo son is very attached to this creature and I am not sure how to handle it nor what my rights are. Any suggestions might help, I don’t think it is right for her to leave a dog for so long, financially as well, and expecting to get it back as it is now a key member of our family. I know she went through divorce and all but... anyhow, looking forward to hearing from you.

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Jerri
2/23/2018 07:22:24 am

My roommates have been gone for over 2 weeks, no contact, when asked to pick up their dog they ignore is. Would the dog be considered abandoned and do we have ownership?

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crimelawyer link
3/21/2018 12:31:56 am

Thank you so much for this blog

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Lilly
4/18/2018 06:24:40 am

I recently offered to adopt a found dog off of a woman whom could no longer care for him. She searched for the owners for a few weeks with no success. I ended up taking him in vetting him, giving him the proper vet care, microchipping, licensing, grooming etc. A month after having him and getting him properly vetted the owners decide to show up. Can they request to have their dog back if he was not microchips, vaccinated, registered with the county nor did he have tags. And for the weeks he was missing they did not search for him. The woman whom had him prior to giving him to me searched for his owners for 2 to 3 weeks?

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JIM
5/9/2018 03:11:42 pm

My sister who lives in Scottsdale, Az. took possession of a stray dog in June of 2017. She took the stray dog to her Vet and discovered
the dog had a chip. The Vet called and tried to contact the owner to no avail. The phone number was disconnected. The dog was vaccinated and the Vet declared my sister the owner of the dog. In May of 2018 the original dog owner shows up at my sisters home and wants his dog back. What is the statue of limitations in this situation.

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Elizabeth
7/5/2018 01:26:03 pm

My situation is different from most on this post. I have been taking care of my daughter's ex-boyfriend's dog until the boyfriend and/or his mother could make arrangements for him. The intent was never to keep the dog, just help out. The dog has started running off. This is problematic because we live in the country with no fences. When taking him outside, we now have to put him on a leash. But even doing this, he's like houdini and escapes on occasion. I'm afraid he's going to get picked up by someone or run over before finding him. His owner isn't refusing to get him, just continues to tell me he's working on a solution. This has been going on for three weeks. I was just recently told by the county that because I agreed to care for the dog, and the dog hasn't been abandoned since the owner keeps telling me he's making arrangements, I'm responsible for him. Responsible, yet, I have no rights in doing anything like turning him over to a rescue organization or finding someone else to care for him, as I'm not the owner. I was advised to consult an attorney. This doesn't seem right. Is it?

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Ysidra Rodriguez
7/19/2018 06:04:06 pm

My friend took in 3 dogs that were strays. She got a home for 2 of them. The last one she gave to a couple with a child. She had them for 1 or 2 months. After seeing a picture that they sent her she noticed a certain fearful demeanor in the dog. They had him inside. He is not potty trained because he was mostly an outside dog. When she went to see how he was he immediately jumped her and he sought security. She walked away with him. They had only for 5 days. They didn't try to stop her from taking him but they got verbally abusive and were texting abusive words. What are her rights in Arizona as she had him over a month and they had him 5 day. It's very obvious that the dog wants to be with her.

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Brenda sue
7/30/2018 08:59:34 am

Man in a rehab dog was put in the pound social services sign the dog out gave it to me to hold for 3 days Until the man was just charged from rehab. the man was supposed to get out kept the dog in the garage took him to the vet man did not get out .I have 4 cats and could not keep the dog after a week 1/2 of not hearing anything I gave the dog away I told the owner I tried to take care of her but she was sick and I financially could not was not working in the same place am I in . Never heard from him again then I started to hear from him off and on his back-and-forth in rehab and hospitals don't know where the dog is now

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samantha vark
8/20/2018 06:40:06 pm

My dog has been missing for 3 months. I have been actively looking meaning fliers, maricopa county, all Facebook links, community social media, vets have fliers, shelters have fliers, dog scent dogs, humane trapping, Craigslist etc. if it’s out there my dog is plastered. He was spotted living in a wash. Not 2 weeks later he was found in a community down the wash a few miles and posted to offer up a selling site. He was listed as trying to find the owners but under leash and for $0. A friend of mine messaged the seller and was in full contact. The seller would not reply to me. We have them my number and then they become elusive. Oils to talk to me that night, couldn’t call right now, etc. the entire time they are responding to them I am trying to get her to message me. They answered all the questions exact to prove it’s my dog. All of a sudden the dog “owners” had been found and she pulled the post. The post had been left up for less than an hour and no other forms or attempt to post the lost dog through fliers, social media,vets etc had been taken.
I called and reported them and the post through offer up plus filed a police report. Since the police say it’s not criminal cause she didn’t steal the dog from my property they couldn’t get a warrant to get the woman’s name. She found a dog and ignored a potential owner then regimes the dog. What actions can I take!??!?

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Leslie Fusaro
3/15/2019 11:38:08 pm

A dog was left alone without food when owner was arrested on a parole violation. The owner is going to prison for 9 months. We want to adopt dog and are worried that when owner is released he will come take custody of the dog. How do we become rightful owners.

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Joy
4/7/2019 01:06:54 am

Can you recommend a lawyer in Phoenix or the East valley for pet ownership situations? I just adopted a dog, got his tags and microchip changed, wrote up an adoption agreement and got him accepted into service dog training. (I am a combat veteran.) The lady gave me the dog with the intention that he become my service dog. Now she wants him back. We're about to start training. I don't want to give him back. We've already bonded.

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Christopher
8/13/2019 04:04:37 pm

Friend asked me to watch her dog for 2 months and offered to pay weekly. Its been almost 8 months and has not fulfilled her payments. I took dog to vet recently and paid myself. I propose I keep the dog due to her lack of ownership. does she still have right to refuse proposal?

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Joe
12/13/2019 11:08:16 pm

Chris

My high school daughter was asked to take care of a kitten while her friends house was being worked on. They kitten stayed with us almost two months. Then they took the kitten back for a short time. The returned and took it for one day and brought her back. She has been with us for several months now. They haven't provide food or cat litter. The kitten is not really a kitten any more. The family has bonded with her. My daughter just received a phone call wanting the cat back. What rites do we have.

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Adrie
6/9/2020 06:09:40 pm

I became a pet sitter a couple of years ago because I saw a need within the community for one-to-one supervision of companion animals who would not do well under a typical boarding experience, or with a once-to-twice a day visit while home alone. Usually, there are no hiccups, owners come to collect their beloved companions without needing to be reminded. However, I took on a new client who has run into various and sundry issues, and it has been almost a year that we have had the pet without payment (only occasional drop off of food, and a visit here or there) and there is no end in sight for how long we will have the dog. I have had to decline some contracts because the other dog doesn't do well with another dog present, not to mention the food costs, etc. My question is, if I can't serve the owner with a certified letter because her address is unknown, can I text her saying that I will consider the dog abandoned, and how long do I have to give her to respond. I am not going to dump the dog at the pound, but clearly this is a problem, and I am uncomfortable with the current situation. Thanks in Advanced.

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MC
6/29/2020 01:29:27 pm

What to do about a pet owner that stated they needed foster care for two weeks to a month. But... apparently had the wrong intentions of ever taking their pet back. There was no way of contacting him to notify him to pick up his pet.The original owners information is still on the microchip as owner. Cat rescues need to contact to confirm the release of pet from the owner. But... are not able to do so. Meanwhile...I still have the pet in my home and can not keep him. It's cost me money with constant required grooming etc...What''s my legal rights? Thank you,

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Keith
12/3/2020 02:18:40 am

My ex has my dog and claims it is her when we got him but I am the custody holder, bought all the food and cage and toys, have all the vet bills in my name. Can I get my dog back if he’s been with her for 4 months but was with me for 3 after we broke up? I had her watch him when I was on vacation and she decided to keep him.

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Alisha
1/21/2021 05:06:23 pm

My 15 year old daughter got a puppy for Christmas from her boyfriend 12/18/20. They recently broke up now he wants the money he paid for the puppy back or the puppy back. It’s now 1/21/21 I paid for the first vet check, vaccinations and puppy supplies. The puppy has been in our care since 12/18, does the ex-friend have legal rights to the puppy?. The puppy came from a private party and does not have any paperwork or registration papers.

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Barbara link
3/23/2021 03:21:51 pm

I entered an agreement with someone for a horse that was bred that I would pay the stud fee and care for the Mare while she is pregnant and for the 4 months after the foal is born. The owner of the mare was aware of this agreement that the other person entered into with me and was fine with it until now a few weeks before the mare is due to give birth. Because it was just discovered the horse has laminitis and should not be bred anymore because of it, since it will only cause the laminitis to become worse until the horse becomes lame. I have cared for this mare for the last 9 months, feed, feet, vaccine, vet, stud fee etc.. What are my rights since everything was verabal agreement.

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Filipino Missouri link
3/30/2021 12:02:52 am

Thaanks for sharing

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Donna K Slade
4/13/2021 04:44:25 pm

I've been watching a dog now for about a month, while the owner took care of a health issue, not once in the month has the owner called to check on the puppy or offered any kind of financial help. How long until I can claim this awesome puppy

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Friend
8/7/2021 12:14:33 pm

My boyfriend bought a dog for him and i to raise. He lived With his mom for the first five months he had the dog and then he moved in with my family. He lived with my family with our dog for eight months and then we had our own place for four months. Then my boyfriend passed away and I am back home with our dog. His mom thinks she has legal rights to the dog and wants to take her away from me because we weren’t married. Our dog has live with me and slept in the same bed with me for over a year and I don’t want to give her up. I have paid for vet bills grooming bills her food for over a year and I still have her to this day. His mom keeps telling me that the dog is legally hers because we’re not married and the dog is an asset!

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Toni Shia
4/18/2022 06:49:28 am

I placed an ad to rehome my dog and an organization contacted me to rehome him. They had a good reputation and was listed as a non profit, though now the non profit status is not active or they have merged... In the middle of all the activity when we were there, they had me sign the signature page of a document I was not asked to read nor was I given a copy of it. I was very explicit about what the dogs issues were and that it needed to be transparent so he would not be returned. I have not been happy with how they have presented him and they have cut me out and refuse to communicate with me. I have provided all his food and bedding, they will collect a $150 fee for him. I did NOT surrender ownership and they did not explain the conditions of them taking him into their facility. I left paperwork with them for the adoption if it should happen, very naively not understanding what was going on. What can I do?

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Kiyo
6/4/2022 11:27:35 pm

What if the owner is neglectful?
I’ve been watching my friend’s tortoises for a week now. One is a protected species she took from the wild and has not been cleared by the state to adopt. The other one has turned my kitchen into the ICU. He arrived severely dehydrated and extremely malnourished and underweight and his eyes may never work again because they were sealed shut for so long you couldn’t tell he had them. I do not want to give either of them back to her. She has a long history of animals dying from neglect and a few have just been straight up intentionally set to die. She never learns to research her animals and doesn’t listen to her friends or professionals about how to care for them. These tortoises do not have proper separate enclosures safe from predators or get fresh water regularly. She wants the Sonora Desert Tortoise back because it’s not dying and she does not care what happens to the Russian Box Tortoise. I don’t want to give back the relatively healthy one because she thought she was doing enough for both of them and I’m afraid if I do it will only suffer the same fate down the road because the one that needs more frequent resources is gone.

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Amanda
7/6/2022 04:13:07 pm

If a person feeds stray cats does that make them the owner.

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Pinkham & Associates link
7/9/2022 07:00:32 am

The purpose of this definition is not to cause any change in ownership of an animal that someone holds for more than six days. Thank you, amazing post!

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Moshtael Family Law link
7/9/2022 07:26:55 am

Determination of the ownership of an animal, just like ownership of any property, depends on the evidence that a person can provide demonstrating a claim to ownership. Thank you for making this such an awesome post!

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Greg Thornton
10/7/2022 10:05:36 pm

My wife and I agreed to care for 2 parrots for a few weeks for someone we didn't even know. We made it clear to the owner that we couldn't keep them. That was 16 months ago to the day (June 7th, 2021).

This woman is now living in a different state, thousands of miles away. Her daughter lives here in Tucson but I'm guessing they are estranged because she would not take them. We have made several attempts to get her to arrange to pick them up with no success. Is this a case of abandonment? What are our rights?

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Zoe link
10/18/2022 02:09:44 am

Excellent article! Your post is essential today. Thanks for sharing, by the way.

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adamswildlifecontrol link
11/9/2022 03:50:33 am

I agree. Animal control officers should tasked with the important job of removing these animals from the streets and transferring them to animal shelters so they don't pose a danger to society.

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Brad
4/14/2023 04:20:20 am

We recently acquired a dog to be re-homed. The dog was listed on social media. After about a month, the sheriff's department contacted us to say the dog was stolen. What apparently happened is the original owner who lived with his sister and brother in law, committed a criminal act against them. The victims children told me it was a very serious crime, but wouldn't elaborate. He was arrested and put in jail. The sister and husband an elderly couple could not care for the dog. She is a very energetic. The dog was basically abandoned and put in their custody. They couldn't keep and i believe didn't want any connection to the criminal brother.They put her up to be re-homed. They wanted her to go to a good home and not put her in the pound.

The criminal brother who is out on bail reported the dog as stolen. The sheriff told me unless I returned the dog, I would be charged with possession of stolen property. We really want to keep her and the thought of her being abandoned again if the brother is convicted is alarming.
Rather then a criminal action, wouldn't this be a civil case? Thanks

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    Chris Wencker has been practicing Animal Law in Arizona for more than a decade, including cases ranging from animal injuries to hoarding and veterinary malpractice to custody disputes.  He is recognized as one of the foremost Animal Law practitioners in Arizona, and has taught attorneys, law students, and laypersons about Animal Law topics.

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