Question
We had a person foster my dog while we got ourselves into a new home. My dog is an emotional support dog and they are refusing to give her back. I have the papers from my doctor stating she’s my emotional support dog. How can I get her back?
Answer
People who believe that their animal is being wrongfully withheld can contact the police and can commence a civil lawsuit (replevin action) to try to get the animal returned. The court will consider not only emotional support letters but also evidence regarding the agreement between the parties. When a pet custody dispute arises, disputing parties usually have different versions of their agreement. For example, one person may allege the animal was gifted or sold while the other may say the arrangement was for pet-sitting/fostering. Sometimes there is a written contract or other evidence which delineates the agreement. Courts may consider whether payments for pet-sitting were made, how long the animal was allegedly “boarded,” etc. I hope this all works out well for this dog.
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