By Elizabeth Holtz, Animal Legal Defense Fund
My neighbor moved but left his dog behind. The dog has been with us for months, but could he claim the dog as his if he comes back?
First, a big thank you for stepping up and caring for this abandoned dog. If you hadn’t intervened, it’s likely that the dog would not be alive today. Generally, a person who abandons his dog and moves away loses the right to his “property.” That’s right – in the United States legal system, and in most legal systems around the world, animals are classified as property. It may come as a surprise that animals are still categorized as property considering science and commonsense tell us our companion animals are individuals with unique personalities. Most of us consider our companion animals to be members of our families. I doubt you would be as worried that your neglectful neighbor might one day want his couch back.
Abandoning an animal is also a crime under most states’ cruelty laws. In Utah, a person is guilty of animal cruelty if he abandons an animal in his custody. Abandon is defined, in part, as to intentionally leave any animal “without providing for the care of that animal.” In the question you posed, a neighbor leaving his dog behind at any empty house, without ensuring someone else will care for her, would violate the Utah animal cruelty statute.
While animals are still considered property, the law is slowly changing. The Animal Legal Defense Fund recently filed a groundbreaking lawsuit on behalf of a horse named Justice that challenges animals’ status as property and argues animals have the legal right to sue their abusers in court. Advances are also happening in the area of companion animal custody.
Recognizing the profound bond people develop with their companion animals, some judges are approaching companion animal custody cases much differently than they would disputes about a car or TV. Judges are more and more willing to consider which home is in the best interests of a dog or cat rather than approach the case from a strict property analysis.
Courts make custody decisions for children only after reviewing evidence about which parent or guardian will provide the best home. Now some legislatures are applying the same principles to the custody of companion animals. In the last few years, both Alaska and Illinois enacted legislation actually requiring courts to consider the well-being of companion animals when awarding custody in divorce proceedings.
A few months ago, a Florida judge awarded shared custody of a dog to two feuding neighbors. Though the dog, Elario, was licensed to one neighbor, the other neighbor argued that he was the dog’s actual caretaker because he paid for his food and veterinary care. In her ruling, the judge explained that both neighbors had spent considerable time with the dog, and Elario demonstrated a deep fondness for both of them.
Your situation is much more straightforward. If your neighbor hadn’t moved but instead was hospitalized for a long period of time or forced to leave for reasons beyond their control, then things might be different. But as I stated above, if your neighbor abandoned the dog, then you should be in the clear. Of course, nothing in life is certain. Even if the facts are on your side, someone could still contest custody. If you do find yourself in a dispute, I recommend consulting an attorney to ensure that the dog stays with the person who has stepped up and cared for her – you.
It’s also a good idea to keep records demonstrating that you are now the dog’s caregiver. For example, receipts documenting the veterinary care you provided, food, medicine, and toys will bolster your case if it comes to that. Licensing and microchipping your new friend under your name is also a smart move.
Thank you again for your compassion. I hope your new best friend has a long and happy life with you!
