Orlando, FL asked in Animal / Dog Law for Florida

Q: If criteria for giving a dog as a gift are met, but the chip is in the gift-givers name, who owns the dog?

My mother and I met the dog when we transported him for a rescue group. We both loved the dog but he was being adopted by “C”. About a year after the adoption, “C” could no longer care for the dog. She reached out to my mother to ask if we were interested in adopting him. I said I was,. I agreed to adopt him and he has been in my home for over 2 years. Mother registered the chip in her name, didn’t add my name to vet account tho I paid for services and care.

My mother picked up the dog from C as I was working and picking my child up from school. (Mother is retired). No money/contract exchanged as dog was handed over to my mother. Mother then brought dog to my home where he has exclusively resided since that day. I feed him, care for him and vet him etc as he is our family pet. Occasionally my mother has paid for vet services and she has done so for my other 2 dogs as well.

My mother and I had a family dispute in April 2023 In sept she is requesting dog returned.l to her as owner.

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: It appears that C gave the dog to you. Your mother acted as your agent when she picked up the dog for you.

Registration of the chip doesn't mean much. It has no relation to ownership (as in the case of vehicles or land), but rather just a system to establish a point of contact in case the dog is found.

But of course, if the ownership of the dog were to be litigated, your mother might have a different story than what you are indicating.

1 user found this answer helpful

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.