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Custody Battle Over Found Dog Leads to Lawsuit
Husky’s future home to be decided by the courts

Microchipping dogs is a great tool for reuniting people and dogs, but only if people do the responsible thing and check dogs that they find for the presence of a chip. That didn’t happen in the case of a Husky who is now at the center of a lawsuit to decide who gets to keep the dog.

In 2010, Michael Gehrke bought the dog who he named Mya. She lived on his 10-acre property with his horses and two other dogs. Mya was best buddies with one of them, Rex, and the pair had two litters of puppies together. In 2013, she wandered off and Gehrke’s attempts to find her by posting signs and visiting the local shelter were unsuccessful.

Mya had walked to the local elementary school. Instead of checking her for a microchip or attempting to find her family through any other channels, a staff member at the school passed her on to her son’s friend, Ashlee Anderson. Anderson had just moved from the town where Gehrke and Mya lived to a town 200 miles away, and was in the market for a dog.

In 2017, the dog (who Anderson calls Sitka) wandered off again and was picked up by animal control. Because she wasn’t wearing any tags, the animal control officer checked her for a microchip, which identified her as Gehrke’s dog Mya. Gehrke assumed that since she was traced to him, and he showed all his vet records and photos of Mya as a puppy, that he would get his dog back, but that is not what happened.

Instead, the animal control officer returned the dog to Anderson. Her rationale was that there was no evidence of a crime and that her job is not to act as a judge but to get dogs off the streets and back to a safe home. Gehrke has filed a lawsuit in order to require that Anderson return the dog.

Anderson offered to pay Gehrke $1,200 (his original purchase price for Mya) to keep the dog, but he informed her that he is not interested in the money. So Anderson has responded by hiring attorneys to argue her case so she can keep Sitka.

A judge will hear the case on June 2, 2017. Both people clearly love this dog, so whatever happens, she will end up in a loving home. However, one of the people—Gehrke or Anderson—will be saddened by a legal decision that means they must live without her. All of this mess, including the impending heartbreak for a person who loves this dog, could have been avoided if Mya had been checked for a microchip the first time she wandered off.

Who do you think should end up with the dog?

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Karen B. London, PhD, is a Certified Applied Animal Behaviorist and Certified Professional Dog Trainer who specializes in working with dogs with serious behavioral problems, including aggression. She is the author of five books on canine training and behavior.

photo by ardenswayoflife/Flickr

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