----- Original Message ----- 
From: "Julia Thompson" <[EMAIL PROTECTED]>
To: "Killer Bs Discussion" <[EMAIL PROTECTED]>
Sent: Thursday, July 31, 2003 4:31 PM
Subject: Re: The Case for a Marriage Ammendment to the Constitution


>
> > --- 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?
>
In a case of "joint" custody, bio-dad gets the kids. If the mother had
"sole" custody, step-dad gets custody. And that is pretty much automatic.

xponent
Law Is Here Maru
rob


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