[News] Couple Splits Up -- Pet Custody Battle Begins
 

Five years ago, Sara Vreed got embroiled in soap-opera-style custody arrangements with her ex-boyfriend -- and they don't even have children. What was at stake were the living arrangements for their 5-year-old canine, a Shetland sheepdog named Ivo.

"After we broke up, my ex got Ivo on the weekends," says Vreed, 31, an associate at an architecture firm in Portland, Oregon. "But it was really taxing on (the dog), and he started having a lot of behavior problems."

Things changed when Vreed's ex got his own Shetland sheepdog, Tuk, and the two pets became friendly during visits. Like children scheming to get their parents back together, the visitation led to a reconciliation, but even two cute pooches couldn't prevent a second breakup.

After round two, Vreed says the joint-custody arrangement was scratched.

"We had to split the pack and take the repercussions of whatever was going to happen," she says. "Spending time together with the dogs was not good for us."

Vreed is one of many cohabiting pet parents who have faced a sobering problem: Who gets the dog, cat, horse or boa constrictor when the relationship ends?

That question has sparked some human catfights; pet custody disputes in divorce are a growing area of the law. In a 2006 survey of 1,600 members of the American Academy of Matrimonial Lawyers, a quarter said they had noticed an anecdotal uptick in pet-custody cases in the past five years.

Unmarried pet parents

You don't have to be married to get mired in a pet tug-of-war. Adam Karp, an animal rights lawyer in Bellingham, Washington, says most of the calls he fields are from singles in their 20s and 30s.

Even among the unmarried set, these battles can carry high stakes and high drama. Take, for instance, a Washington state case in 2004, when Karp represented Ashley Wilson, the music director of a Seattle rock station and the owner of a boxer named Marley.

When Wilson, who was in her mid-20s, broke up with her live-in boyfriend, Todd Templeton, the couple agreed on a joint-custody arrangement for the dog.

Everything was fine until Wilson met someone else. Templeton "accused her of destroying the family and retaliated by hiding Marley," Karp says.

The case went to court and, although Wilson and Templeton were technically co-owners, the judge awarded custody to Wilson.

A pet prenup

Experts and lawyers say pet owners, married or not, must prepare for the worst-case scenario by laying out in writing what will happen if their relationship doesn't outlast Fido.

Elizabeth Elliott, a Seattle animal law attorney, says most pet owners neglect to do this, relying instead on a goodwill custody-sharing arrangement. "That works fine," she says, "until one party refuses to give the dog back. "

Karp warns anyone sharing a pet to be crystal clear about ownership. "At the beginning of the relationship, you really have the best expectations and think you are going to be together forever. But then the cops show up over who owns the dog or cat, and the law will most likely view the matter in terms of who has possession."

Ownership is defined by purchase or, in the case of a shelter animal, who paid the adoption fee, so the best evidence is a bill of sale or an adoption record, Karps says.

Elliott also recommends the agreement be enforceable across the U.S., "because what happens when one party leaves the state? You have to have the foresight to think about all the different scenarios that could play out."

The courts have yet to institutionalize the standard of "the best interest of the dog," as they have for children, but it's the benchmark experts like Jennifer Keene, a dog trainer and the author of "We Can't Stay Together for the Dogs: Doing What's Best For Your Dog When Your Relationship Breaks Up," advocate when it comes to working out new pack arrangements.

"I call it canine-centricity," says Keene, "which means thinking about how you can work together for what is best for the dog."

The extended pack

That's exactly how Keene, 31, and her ex-husband approached the end of their four-year marriage in 2005 -- they agreed on a split-custody arrangement. He got Sixxy, a 3-year-old pointer mix. Moxxy, a 4-year-old Australian cattle dog, stayed with her in Beaverton, Oregon.

The two still do what Keene advocates most strongly: communicate for the sake of the animal. "Just the other day we were talking about Sixxy taking a refresher obedience class and he wanted to get my input on the training style," she says.

They came up with their custody arrangement by considering each dog's personality. "If your dog is really attached to one of its owners, like Moxxy was to me, then it's going to be much more stressful for the dog to be separated from that parent," Keene says.

Keene hasn't seen Sixxy in years, but every year she mails birthday and Christmas presents to the pooch, who now lives three hours away in Washington state. "The little gesture of sending gifts," she says, "is one way I can stay connected to Sixxy."

Couple splits up -- pet custody battle begins - CNN.com

I would go to court for my girls but I already know I would be taking them with me. :D

In my house the dogs are known to be mine not that we would ever have a problem after being married forever!:D

I have been happily married for so many years too, but "if" for any reason, I will keep the girls and I know hubby will not want to break the pack since they are very close, maybe join custody since I know he will be make sure that they are well taken care off.

It happens. we've had clients put visitation and/or who gets in the dog in their divorce papers.

Signed, a Legal Secretary :)

I've been married 10 yrs and would give/do anything for my spouse. But when it comes to Meka...SHE'S MINE! I read a story like this shortly after getting Meka, which is why I made sure to put only my name on her papers as her owner. I'd die if she was ever taken away from me... Even joint custody is out of the question.. She comes with me :)

Same with me!! I've been married 15 years but put all 5 dogs in my name and I have their receipts!!

what happends when you dont have a receipt? I have a boyfriend that might have the tendency to try to take away my girl that is 6 years old and ive only been with him for 2 years ?

my boyfriend and i had been living together for 3 years when i got london. i put everything in my name and my name is on the bill of sale, even though she was a birthday gift, and its a good thing! when we broke up he said he was taking her and tried!!! i called the police and showed them all her papers and she is with me now and forever, just like she should be :)

he was also arrested :)

dont mess with me!!!! haha

lol good job:p

Wow I have always wanted a yorkie, and my husband was not to happy with it. Just yesterday I said Chino is mine and he said "no he is half yours and half mine". I laughed and said I get the head you get the butt. We have been together for 16 years coming up in DEC. but if we divorced, I don't know how he would act with Chino.

I know we would have problems if we broke up we have been married 3 years on the 8th of this month. I think he would try to break up the family and take both of the girls and leave me with just Yoda but he is not home enough to take care of Faith. I know he can handel the cat Keiko but I'd have to fight for Faith.

If anything happened to us,(unlikely though it is:p) out of our 3 dogs the only one my fella would want is our 5 yr old staff, Nikki.(He does love the other 2 but isn't as bonded to them). Even though I bought her and her KC papers are in my name and of course I love her to death, I would let go and live with him because I know she loves him more than me:( I know she would fret more for the loss of him than for the loss of me:( so I would do what is best for her:rolleyes:Thats how much I love her:luvu:

All the paperwork on the dogs in this house are in my name but if Hubby and I split up he could have Willow and Leo since those two are his anyway. but Maggie ,Dante and Friday I could never let them go.

This would definitely not be an issue for us. My husband doesn\'t really like dogs and basically tolerates Gus. So...he would be my baby!