--- Robert Seeberger <[EMAIL PROTECTED]> wrote: <snippage> > ...my thinking has gone off on a bit of a tangent: > > In Texas, (and I have to assume that things are done > in a similar fashion in > the rest of the US) when there is a divorce, a > "child of tender years" (age > 9 and under in Texas) is automatically made the > custody of the mother. > The argument being that a young child needs a mother > on a daily basis more than he/she needs a father. > > This brings questions to mind immediately: > > * If homosexual men are allowed to adopt children > under 10 years of age, > will this not constitute prejudice against divorced > heterosexual men?
Huh, I'll bet a lawyer could argue that; I'd have to say that if the mother is 'fit' and breastfeeding, though, I'd give her custody (although joint custody is preferable IMO unless one of the parents is clearly unfit, or chooses to give up custody). > * Will homosexual women be given preference to adopt > children over homosexual men? I'm guessing yes, at least right now. > * Will divorce law have to be modified to eliminate > these prejudices (if they indeed exist)? I do think they exist, and if custody cannot be joint, I'd want the most 'fit' parent to have it. Of course, then you have to define 'fit'... ['unfitness' I think would be more clear, and easier to determine] > * How would custody be arranged for divorcing > homosexuals who have adopted > children? (How would you determine who the custodial > parent would be?) I know a lesbian couple who had a child, with one being the biological mother and the other being the biological aunt (sperm donor was her brother) -- custody went to the 'aunt,' I think b/c the mother was medically 'unfit.' But I guess I'd have to use the 'fitness' criteria again for your case; all else being equal, I'd consider things like family support systems (joint custody still preferable from my POV). > It seems to me that allowing homosexuals to adopt > children will have > consequences that extend beyond the original > question of qualification, and > would actually be a benefit to heterosexual men who > desire custody of their children. That seems quite possible. I'll try to bounce this off some lawyer friends. > Can 'O Worms Maru > rob You Got That Straight! Maru ;) Debbi __________________________________ Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software http://sitebuilder.yahoo.com _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
