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In December, when she was seven months pregnant and already sparring with Mr. Miller about their future relations, Ms. McKenna moved to New York to start school. Mr. Miller accused her of fleeing to find a sympathetic court, and a New York judge agreed, castigating Ms. McKenna for virtually absconding with her fetus. This allowed a California court to subsequently grant custody of the baby, a boy, to Mr. Miller and also set off alarm bells among advocates for women’s rights.
But on Nov. 14, a five-judge appeals court in New York said Ms. McKenna’s basic rights had been violated, adding, “Putative fathers have neither the right nor the ability to restrict a pregnant woman from her constitutionally protected liberty.”
The appeals court also ruled that jurisdiction belonged in New York.
On Monday, a New York City Family Court will start proceedings that could switch custody of the boy, now nine months old, back to Ms. McKenna.
But a tug of war between courts in two states remains possible, because the San Diego judge has not yet ceded jurisdiction.
They had a six-week relationship.
They had a six-week relationship.
he fathered the child, he has as much right to his child as she does. Or are you suggesting that forcing the father to pay while denying him his rights is ok?
They had a six-week relationship.
he fathered the child, he has as much right to his child as she does. Or are you suggesting that forcing the father to pay while denying him his rights is ok?
No..he does not.
No, that is not fair, either
he fathered the child, he has as much right to his child as she does. Or are you suggesting that forcing the father to pay while denying him his rights is ok?
No..he does not.
No, that is not fair, either
Um, why doesn't he? He's the father, what makes him less important in the child's life than the mother?
http://www.nytimes.com/2013/11/24/us/custody-battle-raises-questions-about-the-rights-of-women.html
I don't think I'd want to be a judge on this case - wow.
In December, when she was seven months pregnant and already sparring with Mr. Miller about their future relations, Ms. McKenna moved to New York to start school. Mr. Miller accused her of fleeing to find a sympathetic court, and a New York judge agreed, castigating Ms. McKenna for virtually absconding with her fetus. This allowed a California court to subsequently grant custody of the baby, a boy, to Mr. Miller and also set off alarm bells among advocates for womens rights.
But on Nov. 14, a five-judge appeals court in New York said Ms. McKennas basic rights had been violated, adding, Putative fathers have neither the right nor the ability to restrict a pregnant woman from her constitutionally protected liberty.
The appeals court also ruled that jurisdiction belonged in New York.
On Monday, a New York City Family Court will start proceedings that could switch custody of the boy, now nine months old, back to Ms. McKenna.
But a tug of war between courts in two states remains possible, because the San Diego judge has not yet ceded jurisdiction.
http://www.nytimes.com/2013/11/24/us/custody-battle-raises-questions-about-the-rights-of-women.html
I don't think I'd want to be a judge on this case - wow.
In December, when she was seven months pregnant and already sparring with Mr. Miller about their future relations, Ms. McKenna moved to New York to start school. Mr. Miller accused her of fleeing to find a sympathetic court, and a New York judge agreed, castigating Ms. McKenna for virtually absconding with her fetus. This allowed a California court to subsequently grant custody of the baby, a boy, to Mr. Miller and also set off alarm bells among advocates for womens rights.
But on Nov. 14, a five-judge appeals court in New York said Ms. McKennas basic rights had been violated, adding, Putative fathers have neither the right nor the ability to restrict a pregnant woman from her constitutionally protected liberty.
The appeals court also ruled that jurisdiction belonged in New York.
On Monday, a New York City Family Court will start proceedings that could switch custody of the boy, now nine months old, back to Ms. McKenna.
But a tug of war between courts in two states remains possible, because the San Diego judge has not yet ceded jurisdiction.
They had a six-week relationship.
he fathered the child, he has as much right to his child as she does. Or are you suggesting that forcing the father to pay while denying him his rights is ok?
No..he does not.
No, that is not fair, either
They had a six-week relationship.
Ms. McKenna said she asked Mr. Miller to be an involved father, but he initially pushed her away. She released a text message from June in which Mr. Miller, explaining why he would not accompany her to an ultrasound, said, U made this choice against my wish.
Mr. Miller declined to be interviewed, but in court documents he charged that while he wanted to do his duty, Ms. McKenna set out to humiliate him with online announcements that she was pregnant by him and comments to the news media, and later kept her whereabouts secret.
Ms. McKenna said that when she realized that she could not continue with her stressful firefighting job, she began considering colleges. On Oct. 9, 2012, she texted to Mr. Miller: Just a heads up, I met with an advisor from Columbia today and we will probably be moving there in the fall.
Miller, 35, and McKenna, 27, met through a high-end matchmaking service in San Diego, but broke up after dating for a few months. Shortly after he was engaged to a professional volleyball player and McKenna, a firefighter, was pregnant.
McKenna told the Post that Miller originally wanted her to have an abortion. He filed for paternity in California in November 2012.
But a Manhattan appeals court ruled earlier this month that New York is the babys home state the custody fight belongs there.
The father appears to be in a superior financial position to the mother, there is an approximate 3,000 mile distance between New York and California, the mother has now established herself as a New York resident, the child was born in New York and has never resided in California, the appeals court ruled on Nov. 14.
McKenna has said that her exs legal wrangling has put her $35,000 in debt.
Bode is reportedly battling a second baby mama in a California court over custody of his 4-year-old daughter.
Dang! I had a few questions in my head after reading the snippet you posted, then went to the link and a couple of the questions I had were answered.
From that link: Ms. McKenna said she asked Mr. Miller to be an involved father, but he initially pushed her away. She released a text message from June in which Mr. Miller, explaining why he would not accompany her to an ultrasound, said, U made this choice against my wish.
I'd like to know if he wanted her to get an abortion. I'd also like to know if they stopped seeing each other because he was seeing someone else at the time she became pregnant.
The guy has just as much right to his baby and she does.
They she have joint custody.
