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
PREMIUM
Answered
  • 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.

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.