> --- 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?
One factor which might (or "might should" -- who knows what the courts would do) have some bearing is what the child's age was when the divorce occurred. If the child was very young at the time of the divorce, the only "Dad" s/he may have ever known is the stepfather. OTOH, if the child was 5 years and 11 months old when the divorce became final and the mom remarried . . .
--Ronn! :)
I always knew that I would see the first man on the Moon.
I never dreamed that I would see the last.
--Dr. Jerry Pournelle
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