who has rights? (ownership issue)

I had posted about my friend Shannon's cat needing a home earlier (in another sub-forum). Tabitha, the kitty, has been bounced from home to home, and the previous 'owner' (calling her B for now) stopped sending money to Shannon for food and litter months ago. Shannon has been fostering her for B and i found out today that Shannon is the second person to foster this cat for B. the previous person had her for two years.

Well, last night, B visited Shannon's house. She wants her cat back. She has no ability to take care of Tabitha, either financially (herself sleeping on friends' couches and getting unemployment), or emotionally (she went ballistic when Shannon told her Tab was on medication to calm her down). Another of Shannon's friends, who comes over and helps her around the house, is the boyfriend of a friend of B's (kinda getting soap-opera-ish). He paid Shannon back for the latest vet costs, and has been helping as much as he can. B is apparently staying on their couch right now. But it's coming out of his pocket, not B's.

Following this? I know, it's confusing. I'm still a little befuddled myself.

So, Shannon is wondering if she has the right to get licensing and such, and consider herself (or the guy) Tab's owner? B wants Tab back, but Shannon knows full well the girl cannot take care of her. So who has legal rights over Tab, Shannon or B? Any clue?

Technically, from my understanding, Tab is abandoned by B... should have technically been ages ago when Tab was under the care of the other foster person. Shannon will stand up for Tab no matter what. She's looking at what's in the best interest for Tab, not B. She can't fully care for Tab herself, she already has two and Tab doesn't really like them much.

Any thoughts?

Tricky one that one hun, I would class Shannon as the owner as she is the one paying vet bills food and giving tab somewhere to live. Can the vet not offer any advise or give her the name and number of someone that could help

Originally Posted by -_aj_-

Tricky one that one hun, I would class Shannon as the owner as she is the one paying vet bills food and giving tab somewhere to live. Can the vet not offer any advise or give her the name and number of someone that could help

Click to expand...

She's been looking up the county codes on it and can't find much. I have an attorney friend I've also thought of asking, but he may not know either... not his field of expertise.

That makes me think of a time when I contemplated going to law school... to be an attorney for the pets that don't have a voice... and to be well versed in those laws...

I think it's considered a 'property' issue. I hate thinking of cats as property, but the laws haven't caught up with us smart people yet.

Amanda

Yes, it is a property issue.

Your friend took in the cat with the understanding that the cat still belonged with the transient/unemployed girl. So the cat is not the property of your friend, but is only under the care of her.

However, when the transient/unemployed girl stopped paying for the care of the cat IE: food/medicine/vet bills, that puts a whole new spin on things. It could be interpreted as the transient/unemployed girl having abandoned the cat.

Now on the other hand if the transient/unemployed girl had a friend that was willing to pick up the tab for the cat and has been doing so on her behalf and has fulfilled this girl's obligation for her, then once again, the cat ownership would still fall under as belonging to the transient/homeless girl.

However, I doubt anyone would take this case to court and ask a judge to decide on who owns the cat.

So if your friend decides that she now owns the cat, there really isn't anything the transient/unemployed girl can do other than to take your friend to small claims court.

The whole key to this is the initial agreement...whose cat it was at the start. Then the next key is whether the girl abandoned her responsibility and your friend took over completely without any reimbursement whatsoever.

With things like this it's better to get it in writing up front to address issues such as this one.

I emailed my lawyer friend, who also knows Shannon. He told me to have her contact him. That he can help settle the issue. Shannon and I want what's best for Tabitha. She's a total sweetie with people... loves attention, etc... she's not too keen on other cats, but is getting better... with medication.

She was telling me the latest news (with the guy friend helping to pay) while i was walking under a freeway overpass to pick up Jack's ashes... she also talks really fast... so it's hard to understand her sometimes.

Hopefully this can all be squared away. We're still hoping to find her a good forever home. Shannon can't keep her forever. She'd love to, but her loyalty is toward her other two, who Tab has been a bit aggressive toward. She knows B is not the best owner for Tab, so we're trying to find her a better home... If Shannon can legally claim ownership, then she can also legally surrender her to a rescue. If B is considered the owner, then Shannon can't do much.

Amanda

Laws differ according to location, but I got into a legal battle over ownership of a cat abandoned while her first family went on vacation several years ago which actually went to court. The judge ruled that I was the legal owner because I could prove with vets' records and receipts that I had been paying for medical care and food while they were gone and after their return (I'd refused to give her back to them when they tried to reclaim her).

This is what I would do and its probably not ethical but if its in the best interest of the cat then so be it.
If tabitha isn't already microchipped id take her in get her chipped in my name and then it would be on record the cat is mine not the friends. Its sneaky and underhanded but honestly if its in the best interest of the kitty I wouldn't hesitate to be sneaky and underhanded. That's just me though.

I hope things work out for tabitha she deserves better than what her 'owner' could give her.

All I can say is poor Tabitha! The little thing has been through SO much, no wonders she's on meds to calm her down. If I were Shannon I would fight for Tab tooth and nail. I'm really hoping for a positive outcome in her favor. If B really loved Tab, she would want what is best for her.

i thought about this all this morning i asked my brother (law graduate and para legal) but our laws are different to yours

but i dont think any authorities would give B the cat back, she has no fixed address where as your friend has a fixed address and offers stability to Tab

our lawyer friend responded to me. I forwarded the note to have her contact him. He'll be able to help.

I used to volunteer at the county shelter... while the ACO's there are pretty cool, some of the others... ehh, not so much. At least when it comes to cats. I left over differences in how the cats should be treated... I needed a break anyway.

I think they would rule in Shannon's favor... B is unstable at best. But we'll see.

Thanks gang!