> --- 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?

Just thought of a scenario not handled by this:

Woman & man marry
Woman & man have baby
Woman & man get divorced
Woman gets custody
Woman marries another man
Woman is killed in an accident when child is 6 years old

Who gets primary custody at *this* point?  The bio-dad or the step-dad?

        Julia
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