Can we take ownership of dog due to abuse?

Question

I would like to know the legal ramifications of taking a family member's dog who is being hit when humping pillows, although the owner refuses to neuter the 2 year old dog., and emotionally abusing him by screaming at him and keeping him isolated from everyone even other dogs. The owner also feeds the dog human foods that give him diarrhea and makes him throw up. We love this dog and would love to offer him a better life. What can I do?

Answer

I am very sorry to hear about this situation. People who take another person’s animal without consent risk being arrested for theft. Ideally, you and your family member would work out a custody/visitation arrangement that is in the best interests of this dog. Sometimes people who are not very bonded with their animal are willing to give the animal away or sell the animal if the price is right for them. People who believe an animal is being mistreated can contact the police and other entities in their area that enforce animal cruelty/neglect laws. In New York, some SPCAs (societies for the prevention of cruelty to animals) enforce these laws. However, not all negative behaviors result in law enforcement action being taken. A veterinarian and humane animal trainer may offer some suggestions so trying to get them involved may help too. Good luck!