Animal companions have become a norm in our society. You can usually see plenty of videos on the internet about cats being cats, dogs “talking” like humans, and your best friend posting pictures of their new “fur baby” on social media. But what happens to the family pet after divorce in Oklahoma?
Some couples choose to not have children these days and instead adopt cats, dogs, goats, lizards, etc., as their “babies.” Much like children, when a couple suddenly divorces, the issue as to who gets the family dog or how to divide the numerous cats, becomes serious.
Property Classification
Under Oklahoma law, animals are considered property, as asset to distribute, in a divorce. Many years ago, animals that were adopted were given a “value” of $20, while pure-bred animals were valued best on industry standards.
As time moved on, individuals started noticing the sentient nature of animals and the difficulty of treating them as mere property. Although Oklahoma has not created laws based on the “best interest of the pet” standard, how the court reflects on deciding how to distribute family pet after divorce suggests that this concept of the best interest of the pet, may be considered in future cases.
Marital Settlement Agreement
Your Tulsa divorce attorney will suggest to decide the fate of your family pet outside the courtroom. The court is not equipped to deal with the emotionally charged situation that occurs when a pet is torn from the hands of one owner and placed in the other’s arms.
Since leaving the decision up to the court is not the best route, drafting a marital settlement agreement that identifies which party receives which animal is ideal. Counseling or mediation can be helpful when communicating your side of the issue and why you would like a certain pet.
Divorcing couples have even gone so far as to create “custody schedules” for their beloved animals. A schedule allows for one spouse to have the family pet on certain days, and the other spouse to have the pet on the other days.
Best Interest of the Pet
If you are not able to come to an agreement with your spouse, then the court will decide where to place the pet. Interestingly enough, there are enough cases on the subject that have allowed us to boil down the factors that judges consider when a family pet is at issue.
The factors family courts consider when placing a family pet are:
- Who is the primary caretaker of the pet?
- Which home environment is best for the pet?
- Who can financially care for the pet?
- Who is the pet more attached to?
- Who acquired the pet?
- When was the pet adopted or purchased?
- Which lifestyle best fits the size, characteristics and needs of the pet?
If the pet was owned before marriage, typically the judge will award it to the spouse that first had the pet, unless there is a strong reason why this is not the best place for the pet.
Initial Consultation with a Tulsa Divorce Attorney
Having a Tulsa divorce attorney that is skilled in animal custody cases will help you feel more confident when presenting evidence concerning pet custody decisions, emphasize points that judges are likely to consider when ruling on a pet custody assignment, and walk you through every step of the process.
Hiring an experienced Tulsa divorce attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.
For a low-cost confidential consultation, call now: (918) 924-5526.