Cincinnati, OH asked in Animal / Dog Law for Ohio

Q: Why am I being told I can't adopt my boyfriend dog back after the humane office took it

Sent to court and had hearing and a 600 bind was set for the care of him and again my boyfriend is the owner of this dog but he is my ESA dog

Related Topics:
1 Lawyer Answer
Juliet Piccone
Juliet Piccone
Answered
  • Animal & Dog Law Lawyer
  • Greenwood Village, CO

A: You are being told that you cannot adopt the dog because your boyfriend still owns the dog unless he fails to pay that $600 cost of care

bond the court just set. If he fails maintain ownership during the case by missing any payments, typically he forfeits his ownership which then goes to the government agency (probably a humane society) and they can do a number of things to dispose of the dog.

I’ve no idea what the charges are against your boyfriend, if it’s alleged animal cruelty and you live with him that’s a big reason for the humane society to not put the dog back in that situation by adopting it to you. Similarly if the dog was taken due to a dangerous dog attack on another animal or person, the agency won’t want to put it back in the situation without conditions that would satisfy them it’s reasonably safe to do so.

Unfortunately you are in the middle with really not very clearly defined legal rights to the dog. Emotional support animals have protections in no pet housing under the Fair Housing Act but they are not elevated to the status of medical device like the ADA tends to do for disabled people with trained service dog is which would give you better standing to argue you need the dog for medical reasons. For example, based on the scant

information provided, It does not sound like you have a situation where you’re significantly disabled and this dog has specialized, expensive training to do tasks for you that greatly assist you to show you can’t live without him.

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.