San Diego, CA asked in Animal / Dog Law for California

Q: If someone can take care of a dog and then later wants it back, what rights do I have to keep it

Two people rescued a dog from TJ and one person could not take care of it. And care giver was responsible for the last couple months. Then all of a sudden wants the dog back. What’s rights do I have

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James L. Arrasmith
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Answered

A: When you have been caring for a dog for an extended period, you may have certain rights to keep it, especially if you have been providing food, shelter, and medical care. California law often considers the best interests of the animal and may regard the person who has been the primary caregiver as having a stronger claim to ownership. If you have receipts, vet records, or other documentation showing that you have been responsible for the dog’s well-being, this evidence can help support your case.

The person who initially could not take care of the dog but now wants it back might still have a claim if they can prove they were the original owner or if there was an agreement to return the dog after a certain period. However, if there was no agreement or if the dog was given to you without conditions, they may have a weaker claim. It's important to understand that, in disputes like these, courts often look at the intention behind the arrangement and the dog's current welfare.

If the situation escalates, you may need to mediate or take legal action to resolve the dispute. Keeping detailed records of all interactions, expenses, and care provided can be crucial in making your case. You might consider speaking with someone familiar with animal custody issues to understand your position better and decide the next steps.

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