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At what Point? if at all

Started by Fobbed-Fodder, Jun 03, 2004, 02:39:53 PM

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Fobbed-Fodder


socrateaser

>1.) Can I put the Court on notice that any attempt to make a
>ruling based on Race or Gender will not be tolerated by me and
>that any such ruling will be appealed.?

The U.S. Supreme Court in 1982 dealt with a race-based custody case, Sidoti v. Palmeri, I believe is the title. In that case, a white father was given custody of a mixed race child, on grounds that the white family was in a better position to care for the child, financially, and the mother appealed, won and custody was returned to her. So, you're 20 years late.

Anyway, you misunderstand how the legal system works. There is no vehicle with which you could "notify" the court not to do something that would be tolerated by you. At best, you would cause the judge a hysterical laughing fit -- at worst, you will piss the judge off, and never get a ruling in your favor.

If you could get an admission from the mother, that she never intended to remain in the marriage, and her sole purpose was to get you to agree to adopt the child, so that she could collect support from you, then you may have a very interesting case. Even if you could do this, you would still have a very stiff uphill battle, as others who have tried this gambit, have all been rejected by the courts, on the basis that the child is innocent and entitled to support, and to hold the defrauding parent responsible would unfairly injure the child.

So, tighten your belt, cause you're on a rollercoaster from hell from here on out.

Fobbed-Fodder


socrateaser

>1.) Can I put the Court on notice that any attempt to make a
>ruling based on Race or Gender will not be tolerated by me and
>that any such ruling will be appealed.?

The U.S. Supreme Court in 1982 dealt with a race-based custody case, Sidoti v. Palmeri, I believe is the title. In that case, a white father was given custody of a mixed race child, on grounds that the white family was in a better position to care for the child, financially, and the mother appealed, won and custody was returned to her. So, you're 20 years late.

Anyway, you misunderstand how the legal system works. There is no vehicle with which you could "notify" the court not to do something that would be tolerated by you. At best, you would cause the judge a hysterical laughing fit -- at worst, you will piss the judge off, and never get a ruling in your favor.

If you could get an admission from the mother, that she never intended to remain in the marriage, and her sole purpose was to get you to agree to adopt the child, so that she could collect support from you, then you may have a very interesting case. Even if you could do this, you would still have a very stiff uphill battle, as others who have tried this gambit, have all been rejected by the courts, on the basis that the child is innocent and entitled to support, and to hold the defrauding parent responsible would unfairly injure the child.

So, tighten your belt, cause you're on a rollercoaster from hell from here on out.