Legal question regarding cat adoption and ownership

[valleycatowner]

Hi Folks

This is my first time posting and I'm not really a "joiner," but my wife and I are experiencing an issue with our cat and her previous owner that starting to get closer and closer to a legal entanglement. If this is NOT the right forum for this type of question, please forgive me.

Our cat originally belonged to a relative who got her through an adoption agency about four years ago.

Within a year of adoption, the original owner had to move to a "no-pets" apartment.  She gave the cat to my mother-in-law. Mom-in-law kept the cat for three years.  Mom died in October of 2012.  We took over the estate, which included the care of the cat. 

We love the cat very much and is a welcome part of our feline family. We are living in the old house and all the cats are doing fine.

Now, out of the blue, the original owner is calling on us to "return" "her" cat now that she has moved to a new place. Never once in all the time we've been caring for the  cat has she said anything about taking back ownership. She  has not provided one dollar in reimbursement for food, littler, or vet bills.

Also, the agreement she had with the adoption agency was that she was to return to the cat to them in the event she could not longer keep it.  So she's in violation of the agency policy. 

Does anyone have any insights into such matters? Who has the stronger leg to stand on, legally speaking? 

Thanks so much for your time and any feedback you can provide.

 

[catwoman707]

In my opinion and experience, having a cat rescue group, the amt of time she had the cat originally, comparing it to the amt of time your mom in law had it, and you taking over her estate, I believe you have the rights to the cat.

After 3 years does this cat even know her? Maybe from visiting but as her owner? No of course not.

What she knows and is secure with is the house she lives in with you, and it is definitely in this kitty's best interest to remain with you in the home.

I also have a contract when any of our cats are adopted that states that if, for any reason at any time they are unable to care for the cat, they promise to return it to us.

If this were a cat adopted by my group, she would be staying with you.

 

[magdalena]

She gave the cat away, ergo, it is no longer her cat.  It seems straightforward to me.

Your MIL was not cat-sitting.  Cat-sitters do not pay for the care of the cats they sit for.

It has been over three years.  I can't imagine that any court would award her custody of the cat, especially since it currently resides with a loving family and she broke the contract she signed with the shelter.  I would be tempted to tell her to piss off, but it's probably best to tell her nicely that you will consider letting her take the cat after she provides financial reimbursement for three years of boarding, food, litter and vet bills.  I would put that figure at easily more than $10,000.  Maybe call a local vet and ask what they charge for boarding so that you can get an exact figure.

 

[lilin]

I agree with the others. Whatever small room for argument she might have had disappeared when she broke the contract with the shelter. She had no contract for your MIL. On what grounds is she going to argue the case, exactly? I honestly wouldn't worry about losing the cat to her.

And thank you for fighting for this kitty. Someone who ditches their animal for 3 years and then think they deserve them back shouldn't have pets. Kitty has changed hands enough in their life. I'm glad she at least gave the cat to someone, but come on.

 

[magdalena]

And thank you for fighting for this kitty. Someone who ditches their animal for 3 years and then think they deserve them back shouldn't have pets. Kitty has changed hands enough in their life. I'm glad she at least gave the cat to someone, but come on.

This.  So much this.

 

[natalie_ca]

I wouldn't worry about it.  She gave the cat away 3 1/2 years ago. If she was so concerned about the cat she would have looked for a place that allowed her to bring the cat with her to begin with.

Instead of giving the cat back to the shelter, she rehomed it with your MIL.

I wouldn't give the cat back. I would tell her that the cat is no longer hers, that she gave the cat away 3 1/2 years ago, and your MIL passed its care to you upon her death.

If she wants to sue you, let her.  I doubt that she will go to the trouble and expense.  Besides, even if she did, I really doubt that she would win, unless of course she has a written contract with your MIL that stated the cat was only being "boarded" on a temporary basis.  And then, the courts would likely award you back expenses incurred for having cared for the cat for 3 1/2 years.
 

 

[valleycatowner]

Thanks to all who provided support to me this week.  I have an update.

The claimant is dropping the whole issue.  She has basically "come to her senses" and will be seeking to adopt a cat on her own rather than demand her "old one."  We feel like we dodged a bullet. Small claims court is such a hassle!
 

 

[catwoman707]

This is great news and I'm sure a relief as well!

Too bad she will adopt another.....

 

[natalie_ca]

Too bad she will adopt another.....

Yeah, no kidding. I hope in the 3 1/2  years that she has grown up. Getting a pet is a life long commitment; just like having a kid.

 

[lilin]

Thanks to all who provided support to me this week.  I have an update.

The claimant is dropping the whole issue.  She has basically "come to her senses" and will be seeking to adopt a cat on her own rather than demand her "old one."  We feel like we dodged a bullet. Small claims court is such a hassle!
 

In other words, she spoke to a lawyer and they laughed her out of the office. Good.

I too am somewhat sad to hear she'll be getting another cat. But at least you protected this one. Thank you, and enjoy them!

 

[ondine]

I worked for the courts and have seen everything. I hate to sound cynical but I wonder if she heard "estate" and thought the cat might come back to her with some money. Wait and see if she adopts another cat. That will tell you something.

Thank you for helping this kitty; she is in good hands. And sorry for the loss of your mom.

 

[msbedelia]

I'm sure she'll end up with one eventually- between Craigslist and all that- but if she's upfront with another shelter about what happened to her previous cat, they'll deny her application.

 

[ondine]

but if she's upfront with another shelter about what happened to her previous cat, they'll deny her application.

Hopefully she is and they do!