cat custody battle. woman tracks down lost cat 7 years later. current owner won't give him up

[Liberal_in_LA]

He’s 10 years old, and his two moms are fighting over who he should live with. One is a Fairfield woman who once bottle-fed him, the other a retired nurse in Kenwood who has taken care of him for more than five years.

Also, he’s a cat.




What sounds like a custody case is actually a bizarre ownership battle over a shorthair tuxedo cat named David — or Whiley, depending on who you ask.
The two women are asking a Sonoma County court to decide who should legally possess the feline after he went missing, and was adopted, before the original owner tracked him down via his injected microchip seven long years later.
-----


The search for feline began after he wandered away from his Fairfield home in 2007, when he was 2. Reifler said her client had just moved to the area, so David likely didn’t know his way around.

Distressed, Mestas put up flyers around the Solano County, offered a $1,000 reward and volunteered at local animal shelters to keep an eye out for him.
After seven years of searching, she finally tracked him down last year with the help of the cat’s identification chip.

But Reifler said that when her client contacted Weczorek, she wouldn’t give him up. Mestas even drove to Weczorek’s house in Kenwood and asked to see her former companion — but Weczorek declined.


http://www.sfgate.com/bayarea/article/Whose-cat-is-that-Bay-Area-women-square-off-in-6391216.php

25 votes, 0 passes | Time left: Unlimited
	original owner should get cat back
	7 (28%)
	let new owner keep him
	18 (72%)
	0 DU members did not wish to select any of the options provided.
Show usernames Disclaimer: This is an Internet poll

[REP]

1. Sad for both, but I'd return him

I'd be sad to let him go, but glad that I kept him safe. His first companion was obviously not neglectful.

[Liberal_in_LA]

3. New owner is retired senior. does that influence your decision?

[REP]

32. Nope.

[Erich Bloodaxe BSN]

9. Not neglectful?

She apparently let him 'wander' outside. That sounds neglectful to me. Puts him at risk of dogs, psychopathic humans, cars, and getting lost, which he did.

[REP]

33. Cats can get out, especially after being moved to a new house

Routines are disrupted, and an indoor-only cat can sneak out. BTDT, chased down the cat.

[rocktivity]

16. I agree -- I see it as a matter of due diligence

Last edited Thu May 30, 2019, 04:03 PM - Edit history (3)

While the original owner should have been more diligent about keeping the cat indoors in a new neighborhood, she did do the diligence of supplying a microchip. Meanwhile, due diligence on behalf of the animal rescue or the new owner's first vet would have resulted in the cat being returned years sooner.


rocktivity

[tblue37]

45. If he was microchipped, he should have been returned

immediately, because the person who found him should have had him checked for a chip. And if she told her vet that she found him as a stray, the vrt should have checked for a chip right away.

If she adopted him from a shelter as a rescue, then THEY should have checked for a chip as soon as he was brought in.

A year sgo I adopted a cat that had been hanging around my place for months. He was neutered, so I thought he had a home, but he was outdide in terrible weather--freezing cold, dangerously hot--so I krpt trying to follow him to his home to offer to adopt him, since they clearly didn't spend time with him.

I couldn't get close enough to pet him until July 2 last year, but when he finally did let me, I grabbed him and took him inside, because I feared firecrackers around the 4th would scare him into running away.

As soon as I had him safely inside, I started going door to door trying to locate his home. No luck. Everyone had seen him around, but no one knew whose pet he wad.

Then I cslled the Humane Society to see if he'd been rrported missing and to ask if I could bring him in to check for a microchIp. As I described him to the perdon at the shelter, my description of a notch in his ear caused her to say, "Oh, he doesn't have an owner. He's a feral. The ear notch is a sign that he wad neutered by the city's catch-neuter-release program for feral strsys."

I knew about CNR programs, but I was unaware that they marked the cats with an ear notch afterward. Since he was both neutered and clearly healthy and well fed, I'd just assumec he had an owner.

But though he was very sweet from the first and had been hanging around my apartment visiting through the window with my other cats, and had been shadowing me and chatting with me during my walks, it never occurred to me to just keep him without attempting to find out if he had a chip or without trying to find his owner to ASK if I could adopt him.

The new owner probably didn't want to find his original owner.

He is a gorgeous fellow, so I understand the temptation, but she should have found the owner and returned him right away.

HOWEVER, after 5 years, I think another transfer would be rough on him, so probably HE would be better off left with the new owner (maybe with visits from the former owner.)

My sister lost a young red point Siamese in the late 1970s, and 2 years later, when she found that he'd been adopted and well loved by another family, she let them keep the cat, since he'd been just 1 year old when she lost him, so they'd had him longer than she had, and he was clearly attached to his new family and happy with them.

[CreekDog]

20. Cats should be kept indoors for their health

and for environmental reasons.

[REP]

35. An indoor-only cat can still sneak outside

Especially when moved to a new house - everyone's routines are disrupted, and a curious cat might be able to get past even the most diligent human. One of my cats got outside when we moved - she's never been outside a day in her life - and I was able to round her up, despite her being scared shitless and doing her best to hide from me.

[CreekDog]

38. yes they can

but given the choice, cat owners should keep their cats indoors.

i don't think we have any disagreement. i obviously know that a cat can sneak outdoors and some will be successful.

this is different than ones that are either kept outdoors most of the time or routinely allowed out.

[REP]

41. I guess I misunderstood your reply to my post then

I'm all for cats being indoor-only or outdoors only in enclosed "catios" - there are far too many dangers from disease, other animals and especially humans for it to be safe for a cat to roam outside. But that wasn't what my response was about; it was that a person who called weekly for over 7 years to find out if there was a hit on his microchip was not an irresponsible or negligent caregiver.

[CreekDog]

43. Yes, I basically agree

I'm not sure if the cat escaped or was allowed out though. But in any case, neglect would be the wrong word.

[olddots]

2. my cats used to take naps all the time

But this is cat napping .

[WestCoastLib]

4. After 7 years, the cat should be with the new owner

It's too bad the new owner wouldn't even let the former owner see the cat, but the former owner (and cat) had 7 years to get over it. It should be about what is best for the cat at this point, and the cat has a home.

[petronius]

5. It sounds as though the rescue operator made the original mistake,

but the new 'owner' could have followed up when she learned the cat was chipped. Also, the original owner appears to have been actively seeking her lost pet all along.

On the other hand, the cat may be adapted and happy in his new home, and it could be cruel to take him from that...

But Weczorek says she had no reason to seek such a scan, because she adopted the cat more than five years ago from a Solano County woman operating a rescue.

According to court documents, Weczorek took him to a vet who never did scans for microchips. When the vet retired, Weczorek took him to another one last year, and the new vet did a scan, finding that he was registered by microchip company Avid Identification Systems of Riverside County.

Weczorek called Avid to register Whiley in her name, but the company told her that would require the original owner to sign off on the transfer, according to court documents.

Mestas says Weczorek never contacted her. Instead, she found out someone tried to switch the microchip registration during one of the periodic check-in calls she made to the chip company ever since her pet went missing.

[cascadiance]

14. Perhaps that cat rescue can offer a cat free of charges to the original owner...

... since they were probably the most at fault for not scanning the cat for a microchip that might have had the cat returned to its original owner had they done so. I would think that working in a rescue unit, that would be a primary objective is to try to find an original owner of a lost cat if at all possible. Seems like scanning them for chips should be something that's routine for them to do, before they offer an animal up for adoption.

[Logical]

6. 7 years? I support the new owner! nt

[CharlotteVale]

7. Let the cat decide. Put him in a carrier, open it in neutral territory

with the two women in the room, and whoever he goes to first gets to keep him.

[MattBaggins]

52. Threaten to cut the cat in half.. No wait that's babies

[CharlotteVale]

56. WTF?! It's sick and creepy to joke about hurting animals.

[restorefreedom]

8. feel bad for both

but the original person should not have let him out, especially in an area that she says he didn't know his way around. Cats tend to be very home oriented and try to find the original home if they can. Someone in my family lost their cat that way. Besides, the outdoors is not even safe for cats. So if the second owner is keeping him in, I would let them stay where he is. sorry to be harsh, but I working in rescue and I see a lot of tragedies. The woman never should've let him out if she hadn't she would've had to worry about finding him all these years later. if I was the second person I wouldn't want to give them up either. Especially if I'm keeping them safe inside.

[Warpy]

10. I had that happen

One of my cats, the dumbest tomcat I've ever known, just wandered off one day. I found him five years later and about a mile away, looking sleek and dapper in a new collar. I silently wished him well and thanked his new person for taking him in. It was all the closure I needed.

Cats are independent and occasionally ornery and when they decide to move in with someone else, they need to be respected and left in the place they've chosen. Quite possibly my cat's new owner didn't consider him the dumbest cat on the planet. That would have been a step up for him.

[Skittles]

37. it's a tough one but I think I would do as you did

be grateful my lost pet was being cared for and move on

[hunter]

39. Yep. That's how cats are.

The new owner didn't steal the cat, the cat is living in a good home, no reason to disrupt the cat's life now.

I'd go for the answer that's most respectful for the cat. Cat's have territories, and have their people. It's not the original owner's choice at this point. A move would be very stressful for the cat.

The original owner ought to be happy to know that her cat survived, didn't get run over by cars, didn't get eaten by coyotes, and is living a fine life with new people, and then move on gracefully.

It was an accident that ended well.

I'd be thanking the new owner and telling them if they ever have to give up the cat for whatever reason to please keep me in mind.

[stevenleser]

11. I honestly can't decide. Very sad though.

[Cleita]

12. Neither. Let the cat decide.

It happened to me. I adopted a stray who kept coming to my door begging for food. He was a long hair so his fur was matted with burrs. He was full of fleas and ticks. I fed him, took him to the vet for a check-up, and cleaned him up. I put up found cat notices but got not response so he moved in with me for two years.

Then a woman came to my door and said it was her cat. She lived half a mile from me and filled me in about the kitty's background, showed me photographs and thanked me for looking after him while he was "lost". I let her have him even though he didn't seem to want to go. He reappeared at my door two days later. We tried another time and this time the kitty ran back to me the minute they opened the carrier to get him out.

We both decided he wanted to stay with me and not his former family. That family raised German Shepherds so we think it was because of the dogs not that the first family were awful to him. I think this kitty will have a preference as to whom he wants to live with.

[KamaAina]

13. Holy cats! Those two towns are nearly 40 miles apart!

If the kitteh was chipped, why did it take seven years to find him?

[Travis_0004]

15. I have to vote for the current owner

As a kid we found a dog in the street. He was hungry and his fur was all matted. We took him in, fed him, shaved off his fur. We put signs up on the street, and an ad in the newspaper. We did want to find his owners, but nobody claimed him. After several years, I would not have given him up without a court order.

I feel bad for both owners involved. The one thing I feel for the original owner is the fact that the cat was microchipped. I do have to wonder why a vet didn't find it earlier. That would sway my decision if she did not fully attempt to find the original owner.

[Guy Whitey Corngood]

17. I would ask the cat who he wants to go with. nt

[tularetom]

18. Who cares which owner gets him - what counts is what's best for the cat

And I don't know enough to make that judgment.

[Laffy Kat]

19. Two mommies who love him...

Why not joint custody?

[KamaAina]

26. As I mentioned upthread, kitteh would be facing a 40-mile drive each way every weekend.

Most dogs enjoy car rides. Kittehs, not so much.

[Laffy Kat]

34. Hmmm, that's true. How 'bout a once a month switch off.

Seems like they could work something out with minimal stress to the kitteh.

[ladjf]

21. The cat is the property of the orignal owner unless there is some statute to the contrary. nt

[hunter]

40. Fuck that. Kids and pets are not "property."

It was an accident the cat ended up with a new owner.

I think the original owner, as much as she may have loved the cat, has to think what's best for the cat. Moving is very stressful for cats.

[pansypoo53219]

22. what does the cat say?

[KamaAina]

28. "Meow".

But wouldn't you know it, both people are named "Meow"!

[johnp3907]

23. "King Solomon he never lived round here."

Thank goodness!

[Adsos Letter]

29. First thing I thought of.

Get a sword.

Kidding, of course.

[Aerows]

24. Mine is microchipped

but honestly, she wouldn't leave to begin with. She's too lazy.

[KamaAina]

25. I strenuously object to the premise of this poll.

The word "owner" is used improperly. "Dogs have owners; cats have staff."

[Liberal_in_LA]

42. lol. u are right

[LisaL]

27. After all this time, it's very unlikely this cat remembers his original owner.

[angryvet]

30. Uh Hu?

The lady finds a cat and obviously made no attempt to find the owner...like having it scanned and she feels she should have the cat??? No way. She did nothing to find the cats real owner. She doesn't deserve the cat.

[PoliticAverse]

54. The new owner's story seems a little suspiciously convenient. n/t

[aikoaiko]

36. All things being equal, I'm for the new owner.

The old owner should be grateful her cat was taken care of well instead of finding its way into a gas chamber at a shelter.

[Egnever]

44. Had that happen with a dog

Kids let her out 4 years later I was contacted through Facebook by someone in another state. Loved that dog but I had gone through the grieving process already and the new owner clearly loved her.

I didn't have to think twice about telling them to keep her with a promise I could visit some time

[ballabosh]

46. I don't want to make light of this

Because it is a very sad situation for all involved. But all of the suggestions of making the cat decide made me think of Eddie Izzard's Pavlov's Cat routine: "Day 1. Rang bell, cat fucked off."

And I know not all cats are like that. I have two: Dipper and Mabel (if you know why they're named that, you may be a geek) and they are very affectionate.

[romanic]

47. Seven years is way too long

The new owner should definitely keep the cat. The older owner, sad to say, should just cut her losses and adopt a new cat instead.

[herding cats]

48. The cat would be heartbroken to be taken from the home it knows.

The old owner should consider the well being of the cat, too. If it's loved and well cared for they should be grateful to the person who took it in and provided the lost kitty with a loving home in it's time of need.

[Oneironaut]

49. It's selfish to want the cat back after 7 years, imo, unless if the cat has a bad home.

The cat lived almost all of its life with the second owner. Who is the cat more used to? Giving the cat back would be like giving it an entirely new home.

[XemaSab]

50. I have two dogs that I adopted from the pound

If either of their original owners showed up, I'd tell them to pound sand.

[Nevernose]

51. That should be "owner." With quotes.

Nobody on Earth can own a cat. You can pay someone else to take a cat home, you can feed it, house it, love it, play with it, cuddle it, and take it to the vet, but in the end it's the cat who decides where to live and the cat who calls the shots.

If you're a cat owner who thinks they call the shots in their own home, you're sadly mistaken (probably because the cat is so good at manipulating you that you don't even see it).

[ancianita]

53. This really isn't about the cat.

[U4ikLefty]

55. I have a third option.

[Vinca]

57. I had a similar thing happen only I was the new "mom."

I adopted a little cat from the Humane Society. She had been rounded up in a general sweep of a teeming, neglected, cat population in a rural trailer park. I had no idea about the circumstances of her short life until I ran into one of the Humane Society workers several months later. Apparently a couple of weeks after I adopted her, which was more than a month of the kitty being at the shelter, a young woman turned up and claimed the cat was hers. They convinced her it was in the best interest of the cat to leave her in her adopted home. Fourteen years later, Rosie is still queen of the castle and going strong. I remember I felt both sadness and disgust at the previous owner, but I was certain we did what was right for the animal.

[Sunlei]

58. To original owner- pay the reward, 7 years of vet costs & about $10/20 a day boarding cost,

cost for kitty litter, supplies. and any court costs.

microchip has been around a longtime. the pet adoption agency should have checked for chip. and any Vet who gave shots.

It is in the cats best interest to stay in his current home.