Monument, CO asked in Contracts, Animal / Dog Law and Small Claims for Colorado

Q: Can a dog rescue take their non-aggressive, healthy dog away from a foster family to euthanize him?

Colorado: We have been fostering a dog for eight weeks. He's never been aggressive in any way, but he does have separation anxiety and he fears loud noises and strangers. He has caused quite a lot of damage to our home, but he is getting a little bit better and more confident every day. However, the rescue refuses to move forward with the adoption process because of the damage he's caused to our home (they don't want to inflict it on anyone else), despite a 10-person waiting list of people who want to adopt him, including a vet tech with years of experience training abused, frightened dogs with histories of causing property damage. The rescue says if we return the dog to them, they will euthanize him. They haven't demanded him back yet, but we're afraid they will. Do we have any recourse to legally keep/adopt the dog (the option in the foster contract has expired) or take any other action to force the adoption process forward?

1 Lawyer Answer
Kristina M. Bergsten
Kristina M. Bergsten
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: The rescue legally owns the dog and they can demand him back from you. However, this is probably a liability concern for the rescue to adopt him out to others, although I am a little surprised they want to euthanize him. You could try to negotiate adopting him. It might be helpful to get a lawyer to assist you with this because sometimes having a lawyer helps to show that you are serious about negotiating.

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