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Dog law questions
#57359 - 06/19/2003 01:25 PM |
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Hi, I'm hoping someone with some knowledge in dog law may be able to answer a question. This is a situation that is happening with another rescue that I know of. I will lay it out as unbiased as possible.
Rescue places an unspayed female in one of their approved foster homes. The foster homes has an unneutered male who gets the female pregnant. The unspayed female is the property of the rescue, and the unneutered male is the property of the foster home, no doubts about that. Which party legally owns the puppies?
Cathy
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Re: Dog law questions
[Re: Cathy Davey ]
#57360 - 06/19/2003 01:53 PM |
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Get her Spayed... Rescue is supposed to REDUCE the population. They will take care of the issue and it won't happen again. Of course, they won't want to do that since they can get a high "adoption" fee on the puppies... <img src="/ubbthreads/images/graemlins/mad.gif" alt="" /> <img src="/ubbthreads/images/graemlins/mad.gif" alt="" /> <img src="/ubbthreads/images/graemlins/mad.gif" alt="" />
I can't believe they put two intact dogs together in a foster situation.
In my uneducated dog law opinion... the ownership lies with the bitch. That also means all care lies with the bitch owner.
RESCUES wouldn't have to exist if it werent for the Oops litters and BYB's out there.
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Re: Dog law questions
[Re: Cathy Davey ]
#57361 - 06/19/2003 02:04 PM |
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Please don't assume that all rescues want to make money on adoption fees and puppies. That's ignorant. As I stated, this is a situation that was asked of me, and trying to be as unbiased as possible, I figured I'd ask the question HERE since most likely there are many breeders that know where the ownership lies. I to would assume the ownership lies with the bitch, but would like to get an answer from someone that knows first hand.
We do not allow any foster homes to foster if any of their dogs are unaltered for any reason whatsoever. I blame it on the rescue that this happened in the first place. No need to lecture me on why rescues exist, I'd prefer they wouldn't need to so I can do something else with my life.
I'm really not sure if your angry post is directed toward me or the idiots that let another unneeded litter of puppies come into the world.
Cathy
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Re: Dog law questions
[Re: Cathy Davey ]
#57362 - 06/19/2003 02:09 PM |
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Don't know how to edit my post or I would. Now I think I understand your post more clearly - you mean get her spayed when she's pregnant, right? Too late for that, puppies are already born and a big war has ensued on who owns who I guess!
Cathy
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Re: Dog law questions
[Re: Cathy Davey ]
#57363 - 06/19/2003 02:23 PM |
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This is very unfortunate situation that the rescue place has created <img src="/ubbthreads/images/graemlins/frown.gif" alt="" /> I am confused as to why they would place her in a home with an intact male. Do you know if this has happened before? Is this two purebreds? The fostering family though was VERY negligent in letting their male breed, makes me question they're motive too. This is a situation that will get uglier by the moment because I am sure a fight is going to insue over who gets the puppies etc.
A dog is the only thing on earth that loves you more than he loves himself. -Josh Billings |
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Re: Dog law questions
[Re: Cathy Davey ]
#57364 - 06/19/2003 02:28 PM |
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Oh and the legality part-I would say foster parents get pick or stud fee-rescue facility who
"owns" the bitch gets all the pups.
A dog is the only thing on earth that loves you more than he loves himself. -Josh Billings |
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Re: Dog law questions
[Re: Cathy Davey ]
#57365 - 06/19/2003 02:33 PM |
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I agree, it's an awful situation, I blame it more on the rescue than anything. These two dogs never should have been in the same home together. Yep, 2 purebreds, but who cares? Neither one is probably worthy being bred. Seems like an accident and lack of education on the foster homes part, but definitely a HUGE mistake on the rescues part. Some of our foster homes won't foster intact males at certain times because they know their neighbor's dog is in heat!
You're right, the situation is going to get ugly, it's already bad. The foster home wants to keep a puppy and is told she can't (not sure why she was good enough to foster but can't adopt???). The rescue already has their lawyer threatening to bring her to court, etc. That is ridiculous to me too, that a rescue would waste much needed funds on a lawyer and court costs. I'm really not on either side, mostly because I'm just interested in legally where the ownership lies. Although, with the track record of the rescue so far, it would be hard to take their side.
Cathy
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Re: Dog law questions
[Re: Cathy Davey ]
#57366 - 06/19/2003 02:52 PM |
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The rescue facilities attention should be more on the well-being of the puppies! Not over who gets them!! <img src="/ubbthreads/images/graemlins/mad.gif" alt="" /> <img src="/ubbthreads/images/graemlins/mad.gif" alt="" /> <img src="/ubbthreads/images/graemlins/mad.gif" alt="" />
And to threaten the foster family with their lawyer-please they are sounding like heartless, money hungry bastards! The rescue people were completely negligent on this one.
:rolleyes:
The reason why I asked if purebred is because if your dog is a mixed breed, I don't think you run into the same legallities as you do with purebred, a mixbreed really has no financial value, but a lot of love value <img src="/ubbthreads/images/graemlins/wink.gif" alt="" />
A dog is the only thing on earth that loves you more than he loves himself. -Josh Billings |
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Re: Dog law questions
[Re: Cathy Davey ]
#57367 - 06/19/2003 02:53 PM |
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Cathy, the angry faces were not in any way directed at you. They were directed at the situation in general. And so far as the "making money" comment that I made, Puppies are MUCH more adoptable than the average rescue, and most rescues charge a fair amount, so all in all I would have to say lb for lb they 'make' more on puppies.
My opinions on that are not one sided or uneducated. I LIVE at an animal shelter (the municipal shelter is outside) and have been involved in the rescue effort for years. So, I am totally aware of the money, time, and effort that is lost.
Crappy deal all the way around. I too am unsure why she would be good enough to foster, but not enough to adopt... unless they are thinking this was intentional on her part and in that case, I don't blame them....
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Re: Dog law questions
[Re: Cathy Davey ]
#57368 - 06/19/2003 03:07 PM |
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I agree DeeDee - if the puppies are in good homes, why go through the expense of suing the foster home, taking the puppies, finding another foster home and then rehoming them again??? Doesn't make much sense to me!
No problem Deanna, that's why I said I would have edited my post if I know how. After reading your post again, I understood it differently.
I'll let you guys know how it turns out, I'm sure I'll hear about it, since they're asking for other rescues stances on this in the area.
But legally, I still don't know who owns what? We can all guess, but wondering if anyone knows for sure? The foster home is worried that they will win if they go to court. I would think she would win, because the rescue is a corporation, and when it comes down to it and they can't prove the volunteer is unfit for the puppy and she pays them the adoption fee, she would keep her puppy. Either way, it's going to make for a ton of bad publicity for the rescue, which you'd think is something they'd want to avoid!
Cathy
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