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Author Topic: Just Plain Strange  (Read 695 times)

Offline Thrawn

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« Reply #15 on: June 22, 2005, 12:56:59 PM »
The court made it's decision based on the relation between Tina and the daughter, not Tina and the mother.


"the court declared Friday the lesbian partner the "psychological parent" of the child, who is referred to only as Z.B.S."
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Offline rpm

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« Reply #16 on: June 22, 2005, 12:59:29 PM »
Quote
Originally posted by SOB
The local authorities didn't see fit to charge her, so that's good enough for me to believe she wasn't breaking the law.
We don't know that. As I stated earlier, there's a lot of information we don't know about the accident except that they were leaving a bar after being there all night and had a fatal collision. Other than that, it's all conjecture from all of us.
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Offline SOB

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« Reply #17 on: June 22, 2005, 01:02:01 PM »
I suppose it's within the realm of possibility that the fact she was charged with a crime related to the accident was left out of the article, but I kinda doubt it.
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Offline Seagoon

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« Reply #18 on: June 22, 2005, 01:06:33 PM »
Just curious guys,

Main Question: In what sense was Tina "the parent" of Christina's child?

Related Sub Questions: Are live in boyfriends "the parents" of their  girlfriends children? Do they cease to be parents after they break-up with their girlfriends? Should they be allowed to sue for custody or visitation rights after the break-up on the grounds of "psychological parenthood"?

If three people live together in a sexual relationship and there are children involved, who is the "psychological parent" of the child or does she/he have one biological and two "psychological parents?"

If you were the grandparents, how would you react to the news that your claims to custody where less binding than those of a non-related girlfriend/boyfriend?

If you were a voter in the state of West Virginia, how would you react to the idea that your views of the grounds of marriage, parenting, and custody were of supreme indifference to the outcome of custody cases and that you had no way of influencing the outcome of such cases?

- SEAGOON
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Offline SOB

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« Reply #19 on: June 22, 2005, 01:11:33 PM »
I look at the situation, and see that the judge made a reasonable decision.

Two people chose to have a child together.  They were both women, therefor lacking the required sperm.  One of the women's brother acted as serrogate and donated his sperm the old fashioned way.  The women had a child together and were, by any reasonable measure, the child's parents.  How can you equate that to a live-in boyfriend who comes into the picture after the fact?
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Offline Thrawn

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« Reply #20 on: June 22, 2005, 01:17:39 PM »
Quote
Originally posted by Seagoon
Just curious guys,

Main Question: In what sense was Tina "the parent" of Christina's child?



Parent is as parent does.
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Offline GtoRA2

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« Reply #21 on: June 22, 2005, 01:25:13 PM »
I think gays can be ok parents, though the kid is going to have hard times in school.


I am with RPM that the kid should prolly have not gone to this person.


That was clearly a very stupid choice she made and a person died.

I am all for not letting stupid people have kids.
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Offline Sandman

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« Reply #22 on: June 22, 2005, 02:03:41 PM »
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Originally posted by GtoRA2
I think gays can be ok parents, though the kid is going to have hard times in school.
 


Teenagers are embarrassed by their parents anyway. ;)
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Offline john9001

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« Reply #23 on: June 22, 2005, 02:25:53 PM »
if you kill someone with your car it's vehicular manslaughter, unless of course your sober, then it's just a unfortunate accident.
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Offline Charon

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« Reply #24 on: June 22, 2005, 03:13:57 PM »
Quote
In fact Tina had no legal relationship to the child or even to Christina at all. In comparable cases, live-in boyfriends who are not biologically related to the child and who have not formerly adopted the child prior to the mother's death have no chance of gaining custody because they have no legally recognized relationship to the child.


Of course, West Virginia does not allow second-parent adoption (as far as I can tell from several sources). So even though this couple decided to have a child jointly, as a family unit, rasied the child as a family for years, with the full and continued support of the biological father for that course of action, there was no option to adopt.

Quote
At no point were the previously existing laws of West Virginia or the desires of West Virginian voters allowed to determine the outcome. This is good news only for those who are in favor of unelected judicial oligarchs mandating their own preferences to the American people.


I agree, and in my opinion much like the pandering of the activist U.S. Supreme Court when it declared miscegenation laws unconstitutional in 1967. When California struck down interracial marriage 1948, a full 9 out of 10 voters disagreed with the decision. Interracial marriage was also seen as being unnatural and an affront to god's will and actions far short of a marriage license could end up with some "strange fruit" swinging from the tree. Civil Rights are a wonderful thing.

BTW, I like how the article author worked in "gay" bar instead of just bar. Nice touch.

Charon
« Last Edit: June 22, 2005, 03:22:18 PM by Charon »
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Offline Maverick

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« Reply #25 on: June 22, 2005, 03:17:30 PM »
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Originally posted by FaliFan
80% of all drivers fall asleep and crash, or doze off and narrowly avoids crashing at least once in their lifetime.


Your basis for this claim is?
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Offline Maverick

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« Reply #26 on: June 22, 2005, 03:23:15 PM »
Parentage is normally decided in a couple manners. Biology as in blood relation between the father and the mother. Legally as in adoption. In this case neither situation existed. The biological father, a convicted felon (possibly incarcerated) likely had to sign away parental rights to avoid a conflict with his sister. Admittedly this is just a guess.

The death of the biological mother would have allowed the child to revert to the biological father unless rights were severed or the court determines that the father is not fit for the job. Absent an adoption paper or direct biological parentage the grandparents are the normal fall back position. Creating a new category (psychological parent) that has not previously existed is definately legislating from the bench. It will be interesting to see how if falls out pending legal appeals.
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DEFINITION OF A VETERAN
A Veteran - whether active duty, retired, national guard or reserve - is someone who, at one point in their life, wrote a check made payable to "The United States of America", for an amount of "up to and including my life."
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Offline vorticon

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« Reply #27 on: June 22, 2005, 03:29:23 PM »
Quote
Originally posted by Seagoon
Just curious guys,

Main Question: In what sense was Tina "the parent" of Christina's child?

Related Sub Questions: Are live in boyfriends "the parents" of their  girlfriends children? Do they cease to be parents after they break-up with their girlfriends?

- SEAGOON


common law marriage + "psychological" parent, if the live in boyfriend has been living in for more than 1 year, and assuming responsibilities of spouse/ father, as far as i know someone could make a decent case that they should have custody...
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Offline dedalos

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« Reply #28 on: June 22, 2005, 03:34:56 PM »
deleted - Rule #7 circumventing language filter
« Last Edit: June 22, 2005, 03:44:41 PM by MP6 »
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Offline takeda

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« Reply #29 on: June 22, 2005, 04:04:08 PM »
Of course, don't forget she's at least the biological aunt, so she isn't totally unrelated even if you want to ignore the other relationship.

The best solution? Full legal gay marriage. When law lags behind reality, you get problems like this one.
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