Dear Dr. Forsythe: I read your column in the paper and I haven’t ever seen you write about this problem. I had a really special cat I will call “Gypsy.” She disappeared over two years ago from my house which I shared with my mom and her best friend. I tried to find her for several months without any luck. After my mom passed away, the property was sold by my brothers and sisters so I had to move. One time about a month ago I was touring the town with a cousin of mine and we went by the old house which has been completely changed into a fancy estate now. Sure enough Gypsy was sitting on the porch, acting like she owned the place. I couldn’t believe it. We got out of the car to get a closer look and see if it could really be her, or if it was an optical illusion. As I went up to her, a young woman came out of the front door and asked me what I wanted. I started to tell her about Gypsy running away and that I used to live in their house, but as we were talking, Gypsy ran inside the house. The woman told me that they loved “Queeny” (their name for her) and had bonded with her for over a year; it did not take me long to figure out that I wasn’t going to get her back. My question is, who has the right to keep this pet? I’m pretty sure that was MY cat, so isn’t she my property? Can people just move in and homestead a pet like that? I’d really like her back. – Gypsy’s mom
Dear Gypsy’s mom: I completely understand that you love and miss Gypsy, and that you consider her your cat. And yes, in the state of California, strange as it sounds, pets are considered property (yikes). However, I did speak with an attorney to get his perspective on this. According to Patrick Ciocca, a well-known and highly regarded attorney in Sonoma County, “while pets are considered property, this could also be considered abandonment.” He explained that while Gypsy did run away, the fact that you moved away and “left her,” even in absentia, could constitute abandonment in the eyes of the law. (Unless you can prove that you made an extraordinary effort to get her back.) In addition, when Gypsy returned to her home from which she ran away (or was taken), upon her return, since her owner had moved away, she was “an abandoned animal.” In general, a pet in a situation like this would stay with the house. Unless you specifically made notes regarding the pet running away and your desire to have her back and informed the new buyers about this when you moved, they had every right to think this cat could become theirs, and did her a favor by taking her in, naming her “Queeny” and treating her like a queen.
Apart from the legal aspects, there are the emotional aspects of missing a wonderful lost kitty you really loved, seeing her a couple years later, then having your hopes dashed when you find out she is part of another family. It is hard to have your hopes dashed when you know she is integrated into a new family who plans on keeping her.
Part of me is very sad for you, since I know that people who love cats (and I am one of them) LOVE CATS!!! There is no arguing with that love or going logical with it. However, if the wind had not “moved you” to cruise over to your former digs and check them out last month, it sounds like there would have been a snowflakes chance in Fresno that you ever would have seen Queenie stretched out on the upgraded porch, flaunting her new wealth. From this perspective, isn’t it nice that the people who bought your parents house “homesteaded” her back into their home just in time to enjoy all the upgrades of living in a fancy estate? And truly, if we all think about what is best for the cat, isn’t she happiest living as a Queen rather than a Gypsy? Good luck coping with the loss and this life lesson. And if I were you, I’d go back some time and drop off a little note to the lady of the house thanking her for providing a nice home for your cat. They might have saved her life! My best to you darlin’. – Dr. F
Dear Dr. Forsythe: I recently saw a guy in the park walking with his family (his wife and a small child) and a Boxer dog. They looked like the perfect family until I saw the man (who was about 30-years-old) kick the dog. It looked like the dog was just pulling a little on the leash as they went across a crosswalk. His wife didn’t do anything. I was so shocked I didn’t know what to do. I watched some more and when they went up the street more he did it again but then he stopped. What should I do if I ever see that again? – Disturbed citizen
Dear Disturbed: There are a number of things you should have done, but don’t beat yourself up, you are wise to think about this and educate yourself for the next time something like this might happen. Animal abuse is what you witnessed, plain and simple. It is not okay to kick an animal, and this person was letting out anger and frustration on his dog in public. The first advice I would offer is that if it seems cruel and harmful, it probably is. Kicking or hitting a pet is a good example of cruelty.
Start by taking a picture if you can. Use your cell phone to capture the abuse if possible. If it is a pet in a car that is overheating, take a photo: pictures are always worth a thousand words. Also speak up, pets are like children, they cannot advocate for themselves, so it is up to people to care for them, and we rarely have a second chance, so we must speak up with conviction if we see something wrong happening. There are no “re-does.” Ask witnesses – if there are other people who see someone abuse an animal, it will probably upset them, too – it is good to have their name and phone number to give to the authorities. Once you have this information, contact the local authorities, the Sheriff and the Humane Society. These public agencies are equipped to step in and help take action to protect animals. Thank you for your very important concerns. Thank you for gearing up to become more involved. I hope all our readers will take action and prevent any animal cruelty they witness in the future.
Any other suggestions by our readers? I’d love to hear them. Thanks for your input. Please send them to me at cforsythe@altimiravet.com. – Dr. F
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