Need Legal Advice To Keep Abandoned Cat.. Please Help

[Ashleyannmerk]

Hello all! I apologize for this looooong story but I tried to keep it short and sweet but couldn’t! Anyway, in September 2017, this little adorable kitty started showing up to my house. She wasn’t in good shape - skiddish, skinny, cuts all over her face, ears completely scanned up and bloody, paws bald from being licked excessively and she looked homeless. We brought her to the vet and got her scanned for a chip and discovered she was the neighbor’s cat. I got in touch with the neighbor and after a few weeks, the cat eventually started coming inside and was spending the night with me, which the neighbor said was fine. In February, she was living with us at this point, she got sick and I reached out to my neighbor bc the vet wouldn’t let me bring her since my name wasn’t on the chip. She said she would call the vet and email over a letter stating I was taking ownership or the cat and I could bring her to the vet. She talked to the vet and said she would email over the letter. Never did. Never answered me. I tried for days because the poor baby was suffering and this woman never answered. Eventually, I got her in a different vet’s office and just said she was mine and since they had no reason to believe otherwise, they gave her medical attention.

So now I got my girl when she was 6-7 years old and she was already an indoor/outdoor cat. I tried getting her to stay inside, but she’d sneak out and then not come home until late at night. I built her a big catio but she’d escape from that and again, go out and not come back until late. So we set up a schedule and rules. As long as weather permitted, she would be allowed to go out after rush house and school bus pickup time while most ppl were at work and roads were quiet so around 10-11am. And then she’d come back around dinner time, before rush hour. She followed this routine for months with no problems. Yesterday, I got home from work early (around 230pm) and went outside to call her. Since I started working a lot more, she’s been coming home early if I get home from work early enough and call her bc she misses me. I called out her name and she didn’t show up. I thought that was really weird but the ppl across the street were cutting down a tree and it was extremely loud and chaotic so I figured she was hanging somewhere until they stopped working. No, didn’t come home after. Finally around 7pm, I started to really panic because she comes home at 6 the absolute latest.

So I decided to text the neighbor (her old owner) to see if maybe she has gone over there to get away from the noise of the huge tree being cut down. I texted her around 840 and she didn’t answer. I drove around calling her name and looking to see if there were any bodies on the side of the road. For the first time since she moved in with us, she didn’t come home all night. I was horrified. I decided to text the neighbor again. I texted her at 10am and she finally answered. Turns out my baby was there! She said “for some reason” she went over there and spent the night. And she said she was just about to text me. I thanked her for taking care of my girl and asked her to let me know when she let her out so I could be waiting by the door. She said “of course <3” and then I texted her again saying how she’s so loved here by everyone even the dogs who she’s become the boss of. This was the first time I’d spoken to her in 11 months, so I was trying to let her know the cat is happy and healthy and loved. She stopped answering. She hasn’t answered me all day. I tried calling, it rang once and went to voicemail. I texted her a bunch of times asking if she let her outside yet. No answer. And my baby still isn’t home. I’m POSITIVE that had she let my baby out, she would’ve RAN home to me. We’re extremely close like my family laughs at us and says we’ve turned into one single living creature and that we’re two peas in a pod. She sleeps on my chest with her face against mine, greets me at the door when I get home from work after waiting for me in my room, gets all depressed when I’m not around, won’t leave my side when I’m sick. We haven’t slept apart one night since she moved in last fall.

I’m scared this lady is trying to keep my baby. Maybe she sees how relaxed and happy she’s become. She used to be high strung and apparently was nasty towards her kids, but she’s been in a really good, loving home for a year now that maybe she’s not being so nasty towards the kids when they annoy her. She also has gained weight and all her cuts clear up so she’s is cuter than ever. I’m scared they see the huge difference in her (thanks to me, my family, and my constant care for her and her emotional needs) and want to keep her. Does anyone know the laws on this stuff? There’s really no clear cut things online. The most I have gathered is that a pet is considered abandoned after 14 consecutive days of not being cares for and is then allowed to be adopted. I also read that she can’t even try to get the cat back without paying me for all the food, toys, house/condos/trees, vet bills and medications, etc, as well as pet sitting hours. Anyone know anything on this subject??? I would be willing to pay to speak to an attorney if anyone knows someone who specializes in this type of thing.

Please, somebody help me. I’ve never had a bond with anyone like this, not just an animal. I cannot have children so she is literally my child. If I knew she’d be happy there, I would learn to deal with a life without her, but I know she’s not happy there. From my neighbor saying “she came over here for some reason” it leads me to believe my baby hasn’t gone by to visit since last fall. I’m sure she’s frantic trying to get out and get back to me and it makes me sick to think about her all upset and wondering why her mommy isn’t coming to save her. Did I mention the neighbor’s husband is a cop? Which kinda complicates things so I really need to know the law. Please someone, anyone help!!!!!

And then this is just one of many before and after of her so you can see how much she improved with me...
This is the first pic we ever took of her...

This was a few days after we first met her...

And this is her not long after being in my care...

So as I’m writing this, something told me to look outside for her by the door she uses to go in and out. She was there!!!! It’s 1am by me and freezing rain so there’s no way my neighbor let her out purposely. My baby must’ve snuck out somehow and ran home. I am so relieved to have her back, but I’m scared they’re gonna do this again or try to take her back. Please, again, anyone with any type of legal advice on this situation, let me know!!!

 

[weebeasties]

Sorry, I have no legal advice but for her safety I would make her indoor-only. She may complain for a bit, but be consistent. She will adapt.
If she is a door-darter, there are things that can be done. Don't open an outside door unless she is behind another door, sort of making an "air lock". There is also the scat mat to train them not to cross it. If she escaped the catio, find out where and fix it. Try and think like her and go overboard on making it escape proof.
Her old "owner" sounds pretty horrible. I wouldn't trust her at all. She may be spiteful and catch her and give her away. We were in a similar situation once. Luckily we brought Buster in and made him a house cat. We had him 20+ years before he passed. It was one of the best decisions we ever made.

 

[furmonster mom]

I'd be thinking of how to possibly "update" that chip with your information.
I don't know what the legalities are in your area, but if you have solid documentation that the cat has been living in your home, you've been feeding it, and meeting it's medical needs, my guess would be that you have a solid claim.
The question becomes what you are willing to do to establish that claim if the neighbor is ornery enough to fight you on it.

 

[Maria Bayote]

What a predicament you are in, and if that neighbor is purposely not letting your cat out to return to you, then she is one nasty human being. I mean, if she sees that her previous cat is very well taken care of, then why would she try to control that, unless being nasty.

I am not familiar with the laws in there, but I suggest also that once your baby returns home contain her by all means possible. No more going out the door. It will take a while for her to be used to that, but it is for her own safety and for your peace of mind as well.

Goodluck. Please let us know once your baby returns.

 

[JamesCalifornia]

I'd be thinking of how to possibly "update" that chip with your information.

~ I update my kitty chips on the internet . You can ask the vet for the number as I am not sure the service is the same in all areas.

 

[msaimee]

The laws regarding pet ownership vary from city to city. You could go about determining what they are in a few different ways. Four years ago, I was in a similar situation. I rescued a cat from outside who I later found out belonged to a cat hoarder. He let about a dozen of his cats run around outside and breed, and I imagine they were all infested with parasites and fleas because they were very skinny. I spent hundreds of dollars and several months getting this one cat back to health, and when I finally tracked the so-called owner and knocked on his door to offer services to help him get his cats fixed by a low-cost Clinic, he demanded I give this one cat back. I called the local police to ask for direction. I was informed that I should keep the cat, that he was breaking boro ordinances with the number of cats he owned, and that this man was a known drug dealer. After the police told me that, I kept the cat with peace of mind, knowing that the local authorities were siding with me. You could contact your local police, even anonymously, to explain the situation. They will give you specific clarity about the local laws. Again, you can call anonymously. The second option would be as others have suggested, to update the microchip. Third In the city where I live, vet bills determine ownership. Do you know if the original owner of this cat had her spayed? If not, and if you have all of the vet bills, then you could legally be considered the cat's owner. Another option, once you find out the information that you need to know for your city's ordinances, is to knock on your neighbor's door and confront her, and inform her if the information confirms that you are the cats legal owner. Finally, I agree with everyone else that you should keep her as an indoor cat only. The cat I was telling you about that I rescued sometines cries to go outside. We made a compromise. In warm weather, I take him out on a lead and harness, and allow him to take me for a walk, eat the grass, enjoy being outside but within my control. If you opt for this, I can explain how to go about training a cat to tolerate being on a leading harness.

 

[Fish Em]

I remember reading a story almost just like this on a completely unrelated forum. In fact, the brother of the bad cat owner was a cop. I can't seem to find it to give you a more thorough briefing. Basically, the owner was not willing to surrender the tom because she planned on breeding it! But, because he kept running away to the good neighbor, the good neighbor decided to keep him because he was obviously not being taken care of properly. Good neighbor reached out to negligent owner And was like "hey your cat really likes it here if he is too much trouble, I can keep him." Negligent was like "NO! He is my baby!" But then cat kept coming over anyway. So she called police and animal services and they basically said you would be stealing but offered a helpful loophole where she could take him to the animal control and then adopt him and he'd he legally hers. Now, not sure if this would work with microchip issue. Probably call your local authorities to figure out what to do. If they are not being helpful, maybe you could offer your neighbor a handsome ransom? She seems like she would like the money more than the cat.