TulsaPets Magazine January 2021

January/February 2021 • TulsaPets 37 WHO GETS THE DOG? In divorce cases, pet custody can be tricky WRITTEN BY: Heide Brandes S ara Lorenzen of Norman sobbed uncon- trollably when one of her Boxers left for the last time to live with her ex-husband. Her marriage was not a good one. She had a Victim Protective Order against her husband, and she worried about the safety of Brinkley, the Boxer in his care. “We got divorced in 2011, and we had two dogs. I had a Boxer named Turbo that I adopted before our marriage, and then we adopted an- other while we were married,” she said. “When we got divorced, he wanted custody of Brinkley. Because of the abuse situation, I was worried.” The two had a temporary custody agreement. Because her ex worked in the oil field, he was often gone. On the week he was home, he got custody of Brinkley. That compromise didn’t last too long though. “In our divorce, that became the sticking point. He refused to sign the divorce papers because he wanted that dog,” Lorenzen said. “I finally caved in, mainly for my own protection. I hated doing that because I love my animals fiercely. I sobbed hysterically when she left.” Since that divorce, Lorenzen has no idea how Brinkley fared. The divorce included language that her ex and his family could not communi- cate with her at all, so the memory of Brinkley still haunts Lorenzen. “I still don’t know how she is or where she is,” she said. According to divorce attorneys in Oklaho- ma, Sara’s story is not unique. While the law addresses how property and even how custody of children are worked out, it isn’t terribly clear on how pet custody works. Oklahoma Law Tulsa Attorney Kacie Cresswell said that while pet custody issues are common, actually going to trial over the issue would be somewhat rare. “Under Oklahoma law, pets are treated as property and can be both separate property— meaning your spouse doesn’t have a claim/not a part of the divorce—or marital property, subject to your divorce proceeding,” she said, adding that the best way couples can determine custody depends on several factors. “I think that depends on the family and who has the best relationship with the dogs and most flexible schedule to be able to care for them. There are appraisals to value dogs, if necessary, for settlement.” There’s no question that pets become an issue in many divorces, and dogs are most often the contested pet of choice. When pets are in dispute in a divorce, they are legally treated as property and emotionally treated as children. “I’ve seen parents of children fight harder for their dog than they do for their kids,” said Chris