# Previous owner of a neglected dog causing trouble! Help!



## Sundew (Jun 30, 2009)

About 2 months ago my mother went over to my uncle's house and found that his ~8 year old golden retriever, Harley, was severely emaciated, covered in sores, and had no hair. This dog, who happens to be the sweetest big baby you could imagine, was cared for by my aunt who passed away 2 years ago. Since then, my uncle has slipped into severe alcoholism and lost his job. My mother asked him politely for the dog and he agreed to give him to her. He even admitted that his neighbors had called the police on him about the dog - he had been issued a citation and was required to get the dog treated by a vet. Yet, months past and he had *still* not taken the dog to the vet, and by the looks of it, wasn't feeding him either.

Since the dog has been in my mother's care, he has had many vet visits, and is recovering well. He has been putting on weight and his hair is returning (the vets said he had a severe yeast infection because of stress and lack of regular feedings). 

Additionally, a couple of weeks ago my uncle came to visit my parents and immediately Harley ran and hid behind the couch when he came in. Harley is never like that around people - he is a huge love bug. He is obviously terrified of my uncle - my mother suspects my uncle of beating him. After all, it is no secret that my uncle used physical violence to discipline my cousins.

For the last couple weeks my uncle has been calling at least 5 times a day. My parents do not answer his calls anymore, the first couple times they did my uncle said he wanted to see Harley, and was rude to my mother about the whole situation.

Then my mother gets a visit from Animal Control & Rescue - they said they got a "strange" call that she was "babysitting" a dog that has become emaciated and that it needed to be taken away from her. The strangest part about it is that the caller listed the dog's owner as my dead aunt - he even used her maiden name. This rules out anyone on the street who had simply been concerned. My mom showed the vet receipts and explained the story, and Animal Control left the dog in her care.

To me, it seems obvious that my uncle made the call and used my aunt's name because he did not want Animal Control to find out about the citation under his own name.

Now my uncle is calling again and he wants "his" dog back. If he were to pursue this legally, could he get the dog back? What can we do to keep protecting this dog?


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## Blaireli (Jun 3, 2008)

Wow, what a sad situation. I'm not sure what you guys can do to cover yourselves legally, but seeing as how things are being documented with Animal Control, that has to help quite a bit, hopefully. A huge thank you to your mom for taking this sweet boy in and providing him with the love and care he needs and deserves.


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## Penny & Maggie's Mom (Oct 4, 2007)

Have your Mom get her vet to put in writing what shape the dog was in when it was first brought in and to get a copy of the chart. This will verify the health issues, no. of appts, etc. Under no circumstances should the dog go back to that abusive situation. Then next time your uncle calls, hopefully your Mom can be firm and state that the vet knows exactly what shape the poor dog was in when he was in his care and it has been documented along with all the care needed to bring him back to health.


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## fostermom (Sep 6, 2007)

I am pretty sure that since your mom has vet bills showing that she has been caring for him for several months, and can get a statement from the vet and animal control that he has no legal right to the dog. It may be in her best interest to speak with an attorney though.

I am so glad that your mother got that poor pup out of that situation.


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## Noey (Feb 26, 2009)

do you have pictures of the dog when your mom took over care? Vet visits, I agree, will be proof enough for police and animal welfare.

I would make sure she has documents for everything handy, she should probably file with the police as well so they know she is the current care taker and is not the animal abuser. If it get bad, slander is against the law and false reports to the police.

Make sure she has documents of the condition of Harley prior...at start of her care for him.


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## fostermom (Sep 6, 2007)

Oh, and possession is 9/10 of the law.


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## BeauShel (May 20, 2007)

I would get a microchip implanted in her and get a copy of the citation from the animal control about the dog when your uncle had him. Also if you can get a video tape of him cowereing when your uncle is around so that is proof of his care of the animal. Then tell your uncle if he tries to get the dog taken away again you will file charges of animal cruelty about him. Then change your phone number. Unfortunately since he is your family I am sure he will be able to find it again. 
He sounds like a very hard and lonely man.


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## New Golden Mom (Dec 17, 2008)

I don't have anything to add to the other great posts you've had here but wanted to say how sorry I am your family is going through this with another family member. Bless your mom for helping poor Harley. The poor guy has been through so much, I hope you are able to keep him in a safe and loving place.


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## NuttinButGoldens (Jan 10, 2009)

I think all the support she would need is right there in the Vet's records...



Sundew said:


> About 2 months ago my mother went over to my uncle's house and found that his ~8 year old golden retriever, Harley, was severely emaciated, covered in sores, and had no hair. This dog, who happens to be the sweetest big baby you could imagine, was cared for by my aunt who passed away 2 years ago. Since then, my uncle has slipped into severe alcoholism and lost his job. My mother asked him politely for the dog and he agreed to give him to her. He even admitted that his neighbors had called the police on him about the dog - he had been issued a citation and was required to get the dog treated by a vet. Yet, months past and he had *still* not taken the dog to the vet, and by the looks of it, wasn't feeding him either.
> 
> Since the dog has been in my mother's care, he has had many vet visits, and is recovering well. He has been putting on weight and his hair is returning (the vets said he had a severe yeast infection because of stress and lack of regular feedings).
> 
> ...


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## MyBaileyGirl (Jun 11, 2008)

I don't have much to say that will help but I will be keeping you and your parents in my thoughts and prayers. What an awful situation


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## Dallas Gold (Dec 22, 2007)

It depends on the law of the state where the dog resides. Unfortunately most states consider animals personal property, and, unless you have a written release signed by the uncle, the presumption of "ownership" is with the uncle. Document everything, get every scrap of evidence you can, but if this thing lands in a court, the uncle might actually get possession. 
*Call an attorney*! It really does depend on your state's law, and whether or not a vet says the animal has been abused or citations have been issued, the abusing uncle may be presumed to be the owner under your state's law. All the abuse, neglect and veterinary expense records is good evidence that can be used in a cruelty, neglect, abuse hearing instigated by the governmental authorities to grant legal custody to your mom or to help in negotiating a transfer; however, she needs to contact an attorney first to make sure she isn't charged with theft.


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## Dallas Gold (Dec 22, 2007)

> Oh, and possession is 9/10 of the law.


Not true, otherwise I'd be robbing banks daily.


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## fostermom (Sep 6, 2007)

This is what I was referring to. Not really robbing banks. LOL


> Law.com says: The term makes a point that one who has physical control of his property is clearly at an advantage should his rightful ownership of the property ever be subject to challenge.


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## Abbydabbydo (Jan 31, 2007)

Well good for your mom for helping out Harley. I would also contact an attorney. And especially get my hands on the citation if possible. I don't know when the phone calls become harassment, but I would contact the police to find out. Perhaps your mom will have to get a restraining order.


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## Dallas Gold (Dec 22, 2007)

Possession as determination of ownership is extremely complicated and is dependent on the type of property (realty vs personalty) and length of time of possession. I doubt seriously, remembering back on my courses, if 2 months qualifies as a sufficient term for personalty. In realty cases adverse possession questions have tripped up many on the bar exam. There are tons of cases on "abandoned" property--could be an argument could be made the uncle abandoned the dog, but consulting with an attorney, licensed in the state where the dog/uncle/mom reside, will know the state law and can give better legal advice than any of us can. As I said before, it depends on state law as well as precedent in that state. After all, think about Katrina and the people who have successfully gotten their dogs back, under Louisana law, from others who adopted from the rescuers. Clearly those are cases where the dogs could be considered abandoned and the new adopters have "possession", yet, they lost to the original owners.


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## fostermom (Sep 6, 2007)

Dallas Gold said:


> Possession as determination of ownership is extremely complicated and is dependent on the type of property (realty vs personalty) and length of time of possession. I doubt seriously, remembering back on my courses, if 2 months qualifies as a sufficient term for personalty. In realty cases adverse possession questions have tripped up many on the bar exam. There are tons of cases on "abandoned" property--could be an argument could be made the uncle abandoned the dog, but consulting with an attorney, licensed in the state where the dog/uncle/mom reside, will know the state law and can give better legal advice than any of us can. As I said before, it depends on state law as well as precedent in that state. After all, think about Katrina and the people who have successfully gotten their dogs back, under Louisana law, from others who adopted from the rescuers. Clearly those are cases where the dogs could be considered abandoned and the new adopters have "possession", yet, they lost to the original owners.


Okay.


OP, I have nothing further to contribute to this thread than to hope and pray that your mother is able to keep her dog. It would be horrible if she had to return him to that previous life. Good luck!


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## MyGoldenCharlie (Dec 4, 2007)

What state is this?

Here in Pa. I am pretty sure it takes 30 days to establish ownership, if your Mom has vet bills covering 30 days or more, she should be able to claim ownership. 
The fact that animal control has been there and left the dog with her will work well in her favor also.
Might be a good idea to get a dog license now in your Mom's name, just to create another paper trail of ownership.


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## Kohanagold (Nov 5, 2008)

I dont know legalities, but I'm glad your mom saved this dog.

I would think if your uncle did go to court (which it doesn't sound like he can afford anyhow), that to get the dog back, he'd be required to pay for the dog's medical expenses since it's left his care, no? Especially if he was ordered to get the dog medical treatment. It sounds like he cant afford that either.

What I'd do is answer the phone one more time (if I were your mom) and politely but firmly tell him that he gave the dog up, that I had been contacted by animal control after he called (yes, let him know that you know it was HIM) and that they left the dog there. I'd tell him that they know about the ordered (and neglected) vet care, and if they haven't been informed, I'd inform them too. I would also tell him that if he chooses to continue with the harassment, that I'd have him charged. I'd also suggest that if it was HIS dog, he owes a lot of money in vet bills. If he continued to call, I would call the police and at very least have them pay him a visit and ask him to knock it off. I'd probably even tell him that the only way he's going to get the dog back is to take her to court and make him aware that you'll do whatever it takes to prevent it. I'd also tell him that no, he cant see the dog, because from the moment he walks in the door, the dog becomes stressed, and for the first time in a very long time, the dog has a home where he is to feel safe. With your uncle in the house, that suddenly is taken away from the dog is finally coming first and deserves to not have to live in fear in his own home. So, no, he may not "visit" the dog.

I'd also do what everyone else here has suggested, like getting a letter from the vet, from the person that showed up from animal control, from neighbours or anyone that had seen the dog in poor condition and had seen the dog improve. That way, in the even that your uncle does decide to go to court over it, your mom will have far more "evidence" than he will to help sway things in her favour. I'd even set up a tape recorder to your phone to record the conversations and tell him right at the start the the conversations are being recorded. That way, anything that is said cant be disputed later on. Good luck! BJ


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## paula bedard (Feb 5, 2008)

I'm sorry your Uncle is putting your Mom through this. I hope your Mom is able to maintain possession of Harley. Not only should she document every penny she's spending on Harley's care: Vet bills, food bills, supplements, prescriptions..., she should also have an itemized bill ready to present to your Uncle should he try to pursue getting Harley back. He might think twice when $'s are involved leaving his own pocket. 

Bless your Mom for taking care of Harley...I hope your Uncle slinks away and leaves them alone.


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## Sundew (Jun 30, 2009)

Hi,

I just wanted to thank everyone who responded, all of your information has been helpful. So far things are looking good. My mother talked to my uncle again and he seemed to back down after after that. He hasn't been calling this past week, and hopefully he realizes that he couldn't afford to take it to court even if he could win. Considering his house is going into foreclosure next week, he has a lot of other things to think about. 

My mother is going to do some of the things suggested here just a precaution in case this becomes an issue again.

So, thanks for the support, and if Harley could type, i'm sure he would thank you all too  Hopefully my mother will email me a picture of him so I can put one up here for you guys!


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## gold'nchocolate (May 31, 2005)

Welcome to the forum :wavey:
I'm glad that Harley has a happy home, now. How about asking your mom to join the forum and post some pictures of Harley?


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