Q: Abandoned dog, owner did not want him, but now wants him back..
I found a dog in the middle of the street. And he hopped in my car. I then went to the vet to see if he was microchipped, and he was. I called the owner, and the owner's mom came. The mom told me that she let the dog go, in the middle of the street, and asked if I wanted him. Immediately, I facetimed the owner (daughter) to make sure she also did not want the dog. And the owner confirmed she did not want him
I originally did not want a dog (was not on my day agenda to adopt a pup) but decided to take him, and focus on finding him a good home, instead of giving him to a family that did not want him
Fastforward 2 months, and I did find him a good home (my home!). He's awesome and we love him very much! However, the owner called me today, and asked me for the dog back. Mentioned we agreed to an "open adoption" and that the dog was still hers.
What the f**** is an open adoption? And do I have to give him back?
A: If you contend that the prior owner abandoned him or gave him to you, you are now the new owner and are under no obligation to return the dog. If she contends that there was an "open adoption" in which she was entitled to return of the dog upon her notice, then you have to give the dog back. There is no resolution of these positions. She can report the dog stolen. She can file suit in Small Claims against you and request an Order for return of the dog. If she wins, then you have to return the dog. If you win, then you don't have to return it. It is unlikely that the police would intervene since this appears to be a civil dispute.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
