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Judge won't let woman divorce while she's pregnant (WA State)

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Zgrrl Donating Member (76 posts) Send PM | Profile | Ignore Fri Dec-31-04 06:59 PM
Original message
Judge won't let woman divorce while she's pregnant (WA State)
Judge wont let woman divorce while shes pregnant

The Associated Press

SPOKANE A Spokane woman trying to divorce her estranged husband two years after he was jailed for beating her has been told by a judge she cant get out of the marriage while shes pregnant.

The case pits a first-year attorney who argues that state law allows any couple to divorce if neither spouse chal-lenges it against a longtime family law judge who asserts that the rights of the unborn child in this type of case trump a womans right to divorce.

*** snip ***

In comments submitted to Bastine, Hughes said: If this court vacates my divorce and requires me to stay married to a man I have no desire ever to have a relationship with and who has brought significant physical harm to me over the years, I would be emotionally devastated. If the court vacates my divorce and stays it until the birth of my child, it will prevent me from marrying the father of my child prior to her birth.

*** snip ***

http://www.theolympian.com/home/news/newsupdate/story.s...




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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:01 PM
Response to Original message
1. That judge needs to die a hundred deaths by battery
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pinerow Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:04 PM
Response to Reply #1
4. Another Flat-Earther....
nt
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janx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:07 PM
Response to Reply #4
5. Yep, this stuff just keeps on coming.
And it's going to get worse--we have four years to go.
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Eloriel Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:19 PM
Response to Reply #1
32. This really says it all
This one comment:

a longtime family law judge who asserts that the rights of the unborn child in this type of case trump a womans right to divorce.

This clearly demonstrates that for this judge (and to far too many people in the U.S.), an adult woman's "rights" are totally inferior to something that isn't even quite fully human yet. This woman, in terms of her rights, is actually in a worse position than even a child -- she is in a worse position than an UNBORN child.

This is grotesque beyond words to me. It's a good thing I'm sitting behind a desk and computer monitor with no one who annoys me in my physical proximity because about 1 cross word would make me lunge for the jugular and simply NOT. LET. GO.
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0rganism Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 03:24 AM
Response to Reply #32
63. Roe v. Wade could certainly be used to upend this, but...
...that would mean risking further judicial review of Roe up the court chain. Would wingnut judges be comfortable voiding the right to divorce along with the right to abort pregnancy? Hmmm...
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KT2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:03 PM
Response to Original message
2. this is insane
never thought WA could be like this.
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ribrepin Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 10:10 PM
Response to Reply #2
46. Oh Washington state has lots of right-wing fundies
If it wasn't for the Seattle Area, the state would be bright glowing RED.
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jdj Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 11:07 PM
Response to Reply #46
53. and someone explain how this is good for the child???
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aikido15 Donating Member (637 posts) Send PM | Profile | Ignore Sat Jan-01-05 05:14 AM
Response to Reply #2
67. Whoa...
this world is really getting weird...
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Wabbajack Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:03 PM
Response to Original message
3. What exactly is the reason given to deny her?
if the guys been in jail for 2 years I assume he ain't the father. :wtf:
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htuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:08 PM
Response to Reply #3
8. I didn't notice that part
The judge is a worse idiot than I thought.
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:22 PM
Response to Reply #3
12. In Washington State "a husband is PRESUMED to be the father
Edited on Fri Dec-31-04 07:26 PM by rocknation
of any child born up to 300 days after a divorce."

But there is nothing TO presume here--there is NO QUESTION that the husband is not the father! Let them get a divorce, and put the fatherly responsiblity where it belongs--on the boyfriend. I daresay that he's ALREADY a more "legitimate" father than the husband could ever hope to be!

:headbang:
rocknation
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shanti Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 10:20 PM
Response to Reply #12
47. his presumption can be rebutted
Edited on Fri Dec-31-04 10:20 PM by shanti
by a dna test, which i assume she will be demanding. this is the same as in california.
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 11:51 PM
Response to Reply #47
58. But what is there to rebut?
Edited on Sat Jan-01-05 12:09 AM by rocknation
If the husband has been incarcerated since 2002, the wife filed for divorce in April 2003, concieved no earlier than May 2004, and has had no contact with the husband, what is there to rebut, epecially since the husband didn't contest the divorce? There is no American law that says you have a right to be born in wedlock--it may be considered a sin, but it is NOT a crime.

This judge is being one of those "activist judges" Bush complained about, and he's throwing away the lawbook just as surely as the judge who put up the ten commandments in his courtroom.

:headbang:
rocknation
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sherilocks Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 05:07 AM
Response to Reply #58
66. Rebuttabal Presumption is a legal term
A child born during a marriage is presumed to be the child of the husband, even if he's in jail. If he doesn't rebut the presumption, he's the dad, even if he's not.
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spotbird Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:22 PM
Response to Reply #3
13. Likely there is a state law giving him the authority.
It would be better to have a law not allowing pregnant women to marry.
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Raiden Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:24 PM
Response to Reply #3
14. Surely you don't want those women to get too uppity
Edited on Fri Dec-31-04 07:27 PM by Raiden
The breeders gotta know their place, don't ya know... We may have to bring out the burkas and shock-collars soon. The Tali-bornagains strike again!















btw, this judge needs the shit knocked out of him. What a dumbass!
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htuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:07 PM
Response to Original message
6. Would the judge try to prevent her from getting an abortion?
What an idiot.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:19 PM
Response to Reply #6
33. He can't prevent it.
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Karenina Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 09:11 PM
Response to Reply #33
39. If she has any sense
she'll do a FULL STOP.

A live birth ties her FOR LIFE to a LUNATIC in a *ownership society.

Meine ficken Fresse. :think:



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termo Donating Member (183 posts) Send PM | Profile | Ignore Mon Jan-03-05 04:55 AM
Response to Reply #39
90. just move abroad for a while
Edited on Mon Jan-03-05 04:56 AM by termo
she can give birth in another contry where she can fill the legal birth papers with the real father. easy.
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d_b Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:08 PM
Response to Original message
7. W..T..F
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:12 PM
Response to Original message
9. Eastern Washington is republican redneck country
Look at one of their forums www.spokaneforums.com .

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catzies Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:36 PM
Response to Reply #9
19. I think they have a Catholic parish filing for bankruptcy ( molestations)
When I saw the link and before I clicked, I said to myself, "Watch it be in Spokane!" sur eenough.
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Diane R Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 02:42 AM
Response to Reply #19
61. I live in Spokane
Our problem is the republican family who owns much of the city and has controlled 80% our our media for well over a century, including our only newspaper. There is no freedom of the press in Spokane, no real freedom of speech (you do not oppose The Family), and information is decidedly right wing. I think if we had balanced news reporting our area would be just as blue as Puget Sound.
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catzies Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 10:45 AM
Response to Reply #61
78. Welcome to DU, and thanks for the info!
My hero lives there. He's a former NBA player named John Stockton. Tell me, have you heard anything about his political leanings? I'd love to know. My gut tells me he's a Democrat, but I can't be sure.
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Ariana Celeste Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:44 PM
Response to Reply #9
21. for real man....
most people, at least people who have never been there, dont realize it, but eastern washington and western washington might as well be completely different states- maybe not legally, but in every other way- definitely
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Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:18 PM
Response to Original message
10. This "rights of the child" stuff is getting INSANE.
I mean, yes, reasonable limits on abortion, no fan of the idea, but COME ON already. This is fucking NUTS!

Hey judge, here's a clue: if the guy got out of prison, he might use his "rights of the father" to beat the mom to DEATH. How very pro-life of you, ya fucking moron.

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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:33 PM
Response to Reply #10
17. And beat the kid, too
a guy like that probably can't handle being in a room with a crying infant.

I'm sick of being thought by our courts as nothing more than a vessel for white male infants! The American Taliban IS really taking over!
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proudbluestater Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:21 PM
Response to Original message
11. Unbelievable! I think the JUDGE should be locked up himself.
Make a woman stay with her batterer? Well, this puts the woman back in the class of mere "chattel." Her husband owns her, can do with her what he pleases.

I hope the judge gets his just deserts somewhere down the line. Karma's a bitch.
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NYC Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 09:47 PM
Response to Reply #11
43. Chattel = not human.
Human rights do not apply to chattel. Women had better start banding together and fighting every one of these "pro-chattel, anti-human" decisions.

This is not the future. This is now. The judge has made this decision. I think women are in far more danger than they realize.

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LynnTheDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:26 PM
Response to Original message
15. All women who voted bush; you'll never have to think for yourself again
You'll be ordered what to do and not do from feotus to death by every male in America; hubby, brother, cops, lawyers, & judges, priests, employers, and the entire US government.

Enjoy.
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:32 PM
Response to Reply #15
16. Bush/Taliban Theocracy
is here.
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Conservativesux Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 11:33 PM
Response to Reply #15
55. Row vs. Wade: R.I.P............<nm>
Edited on Fri Dec-31-04 11:37 PM by Conservativesux
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:35 PM
Response to Original message
18. Oh man
Speechless. A woman can't get a divorce now? :wow:
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supernova Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:44 PM
Response to Original message
20. Oooohhhhh! Lemme at 'im!! Lemme at him!!!
I guarantee after a few rounds with me, that judge will definitely grant the divorce. This is OUT FUCKING RAGIOUS!!!


:spank: :spank: :spank:
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:44 PM
Response to Original message
22. Gee, let's just make her stay in an abusive relationship for
the good of the fetus.
...and once a baby is born, he can beat the child too! ONE BIG HAPPY FAMILY!

What a fucking moron
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MrPrax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:47 PM
Response to Original message
23. Wow...
go on vacation for a few days and things get even grimmer in Jesusistan, Inc...

This is fodder for the Laci addicts who need a maintaintence dose...
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karlrschneider Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:52 PM
Response to Original message
24. Family values = forced bastardy by judicial activism...
Edited on Fri Dec-31-04 07:52 PM by karlrschneider
:eyes:
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two gun sid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 07:58 PM
Response to Original message
25. Don't ya just hate
a judge who legislates from the bench? Those damn activist, liberal judges.
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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:01 PM
Response to Original message
26. A Preview Of Things To Come, I Guess...
Just wait til Jerry Falwell starts graduating future judges from the law school he's building at Liberty College!!!

:nuke: :scared: :nuke:
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fugue Donating Member (846 posts) Send PM | Profile | Ignore Fri Dec-31-04 08:02 PM
Response to Original message
27. I'm not for unborn trumping mother's, but . . .
In this case, is it not in the child's interest for her mother to be married to her father and not some other guy who has been in prison two years and to whom she has no reason to establish a relationship?

As someone else said, there's nothing to presume here. If the two of them haven't had a conjugal visit since before the kid could possibly be conceived, he ain't the father. Also, what about genetic testing? We've gotten to the point with genetic screening that it should be relatively simple (although, granted, expensive) to prove that the boyfriend is the biological father.

Maybe her lawyer should be starting up a genetic testing fund?
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shanti Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 10:23 PM
Response to Reply #27
49. yes
simply by his being in prison for longer than the pregnancy, a judge could rebut his presumption. IT'S ALL UP TO THE JUDGE!
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Mz Pip Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:05 PM
Response to Original message
28. What rights are being violated here?
THe husband is in jail. He isn't even the father of the baby.

How is forcing the mom to stay married to the abusive jail bird in the best interests of the child who is no relation to said jail bird?

This judge is a nut case.

I think this child has the right to a loving father, but I'm not some fundie crackpot either.

Mz Pip
:dem:
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Zgrrl Donating Member (76 posts) Send PM | Profile | Ignore Fri Dec-31-04 08:06 PM
Response to Original message
29. Check out this quote from the article...
The wacko judge (Bastine) says:

Its not the childs fault that mom got pregnant, Bastine said. The answer is, you dont go around doing that when youre not divorced.

How many fucking men (pun intended) "go around doing that" when they're not divorced? Cheating on their wives who AREN'T in jail and who HAVEN'T beaten them? How many Republicans are cheating on their wives at this very moment? The hypocrisy of this floors me!!!
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proudbluestater Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:11 PM
Response to Reply #29
30. It would appear the judge believes in virgin births
The knuckle-dragger should be forced to resign immediately.
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Eloriel Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:30 PM
Response to Reply #29
35. And that quote reveals the
punitive nature of his decision: SHE had sex, SHE got pregnant, we'll just make her suffer and pay.
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Z_I_Peevey Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:57 PM
Response to Reply #35
38. You are exactly right.
He's stoning the adultress.
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Garbo 2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-03-05 04:43 AM
Response to Reply #38
89. But adultery is grounds for divorce so give her the effing divorce so the
child can be raised in holy matrimony with its rightful father who apparently isn't a violent offender serving time in prison.

How does anything the judge said make any friggen sense?? Is he one of those guys who pees on the bench or is nekkid under jis robe? Good grief.
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-02-05 10:49 AM
Response to Reply #35
84. Messed Up Logic
It's not even a matter of "she must pay." It's a matter of the child must pay - even though he's saying it's for the kid's good.

Anyone with that arcane a value system as this judge apparently has, would also view the child as a bastard. This judge is forcing the kid to be born as a bastard.
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 10:38 PM
Response to Reply #29
51. In a Bush/Taliban government...
men rule women. The men's actions are never questioned, only the female is held accountable.
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Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 11:23 PM
Response to Reply #29
54. Happened with my parents.
My brother was conceived after my mom left my father. I'd punch this fucker in the face if he cast aspersions on my mom for being with the man she loved instead of the man who cheated on her.

I hope every Dem who even allowed the idea of reconsidering the party's pro-choice stance to float through their brain understands that this situation is exactly why choice MUST be protected. Women MUST have the right to control their own bodies, or else bullshit like this will keep happening and get even worse.

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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:11 PM
Response to Original message
31. Judge's reasoning is flawed
Theres a lot of case law that says it is important in this state that children not be illegitamized, Spokane County Superior Court Judge Paul Bastine told The Spokesman-Review newspaper.

First, of all, case law is to the point that children born out of wedlock are not considered illegitimate. Or at least the stigmatism is not as great.

Second, how does the child become a illegitimate if the mother gets the divorce and then remarries before the child is born? If there is a waiting period or the waiting period is too long the woman will be unable to marry before the birth. And the judge will be contravening what he "considers" important for the state of Washington.

On a side note... the woman does not appear to have good judgement in men. Did you all notice that the boyfriend also lacks good character?
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:22 PM
Response to Reply #31
34. Is he also denying divorces to men w/ pregnant wives? Doubt it.
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 09:21 PM
Response to Reply #31
40. Uh, So the Judge knows her husband is not the father
But he won't allow her to divorce the husband for the child's sake?

Only a freeper/Bushie could understand this logic.
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peacebird Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 10:00 AM
Response to Reply #40
73. so after the baby is born, and she divorces she can sue for CHILD SUPPORT
Edited on Sat Jan-01-05 10:01 AM by peacebird
right? by this judges logic that is acceptable! i say - live with boyfriend (the father of the baby), divorce wifebeating husband once child is born and sue for 18 years of child support payments!

:toast:

there's more than one way to skin a cat!

(not to be taken literally, just an expression...)
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janx Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 10:25 PM
Response to Reply #31
50. How far back in time does this loon want to take us?
All children are legitimate!

I had hoped that term would go away; apparently, it's still in the mentality of some.
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Mike Nelson Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:31 PM
Response to Original message
36. Judge probably voted for Herr Bush
Yuck
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Vektor Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 08:50 PM
Response to Original message
37. Wow...
I can't say I'd be sad if that judge stepped in front of a bus.
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VegasWolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 09:36 PM
Response to Original message
41. I wonder if the judge will even let her wear shoes while pregnant?
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genieroze Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 09:41 PM
Response to Original message
42. Try to find thid jerks e-mail
Though I think he's living in the wrong freakin century for one.

Phone number?
http://www.whitepages.com /

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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 09:55 PM
Response to Original message
44. It's a shame to have to spend the time and money to appeal this
for a lot of reasons, not the least of which is that it's causing unnecessary trauma to the petitioner and her family.
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 10:06 PM
Response to Original message
45. if I lived next door to that judge, I would be doing terrible things to
his house right now.
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reprobate Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 10:21 PM
Response to Original message
48. Don't worry about this. It won't last too long. Big trouble coming.

Don't want to be too much of an optimist, but look at the future we face. First, the economy is going to hell, mostly because of Lil Boots' economic policies and his personal war. We as a nation are so far in debt that recovery is now no longer possible. The dollar is sinking so fast that even floatation pontoons won't help. Jobs are jet propelled out of the country.

All of this, plus peak oil and global climate change. The perfect storm. All will add up to a nation populated by a lot of very angry people. I believe that they will start to blame the repugs and especially the religious right, to the point of violence. I'm talking revolution.

The revolution may be quiet, or it may be load-as in gunfire. But the one thing I believe it already is: Inevitable.

A lot will change once it begins, plitically, economically, and religiously. So buck up. Things aren't *nearly* as bad as they will get.
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Conservativesux Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 11:36 PM
Response to Reply #48
56. Time to stock up on food, water and weapons for ...
...the day these NRA creeps try to take over the nation.
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Mabel Dodge Donating Member (180 posts) Send PM | Profile | Ignore Fri Dec-31-04 11:04 PM
Response to Original message
52. People only tolerate so much
Having lived through the 60's and 70's, I know those times were a reaction to the hypocrisy and narrow mindedness of the 50's.

What's going on now makes the 50s look like a walk in the park. If this conservative bullshit continues to build momentum, the lid will blow and there will be a revolution.

Not exactly my desire as revolution isn't easy, especially for old farts like me. But it seems these conservative idiots just keep pushing for a fight.
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VegasWolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-31-04 11:40 PM
Response to Reply #52
57. Mabel, from another old fart, I completely agree. I have
always suspected that there is a natural pendulum to these
things. But the new fundies may break the pendulum once and for all time. BTW, I really not an old fart, people think I'm pretty damn
good looking!
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Mabel Dodge Donating Member (180 posts) Send PM | Profile | Ignore Sat Jan-01-05 01:32 PM
Response to Reply #57
82. Have you ever noticed that liberal boomers have remained "juicey" while
the conservative ones turned into trolls. Somewhere in all of this, there is a lesson young ones....
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NuttyFluffers Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 12:37 AM
Response to Original message
59. y'know, i said about robbing the blind was a new low...
but forcing a pregnant woman to stay married to her abusive husband, risking her life and the life of the fetus, over the fetus' right to... what?... get abused? yes, this would be the new low. gee, it only took 2 minutes, that's a new record in america.

robbing the blind in missouri and now mandating the physical abuse of a pregnant woman... i AM impressed.

so where's the gaping maw to the Abyss already? :grr:
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Daybreaker Donating Member (30 posts) Send PM | Profile | Ignore Sat Jan-01-05 02:28 AM
Response to Original message
60. Are you sure that's real?
It seems so bizarre that I suspect it's a spoof of some kind.
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ebayfool Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 03:27 AM
Response to Reply #60
64. Check link, real deal - things are getting more bizarre ...
every day. I suspect it's going to get worse, much worse, before it gets better. It's like sliding backwards in time!
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FDRrocks Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 02:47 AM
Response to Original message
62. There is no constitutional or rational basis for this at all...
How are an unborn fetuses rights affected by this in any way?
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NotNInch Donating Member (60 posts) Send PM | Profile | Ignore Sat Jan-01-05 03:38 AM
Response to Reply #62
65. This unborn fetus doesn't have rights cuz
it's a girl
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harpboy_ak Donating Member (437 posts) Send PM | Profile | Ignore Sat Jan-01-05 05:19 AM
Response to Original message
68. her lawyer was inept
"The case pits a first-year attorney who argues that state law allows any couple to divorce if neither spouse challenges it against a longtime family law judge who asserts that the rights of the unborn child in this type of case trump a womans right to divorce."

The attorney in question is apparently too inexperienced to have known that this judge was one he *didn't* want. He should have asked for a different judge, as was his client's right. Doing so sometimes means that you have low priority for scheduling your trial or hearing, but in most jurisdictions each party to the case has the right to ask at least once for a different judge. Smart lawyers either know which judges they don't want for particular cases, or ask other attornies about how they handle different types of cases.

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Speed8098 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 06:23 AM
Response to Original message
69. Deleted
Your link leads to a story that has been deleted.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 07:25 AM
Response to Original message
70. So if the plaintiff gets an abortion or has a miscarriage, THEN
she can get a divorce with this judge, right?

This is Mad Hatter logic.
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AzDar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 08:47 AM
Response to Original message
71. Another woman reduced to the status of " Human Incubator".....
wherein her medical condition takes precedence over her rights. How much do y'all wanna bet this misogynistic assclown of a judge would have had no objections at all if it were the jailbird respondant who was asking for a divorce?? Nauseating.
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lfairban Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 09:36 AM
Response to Original message
72. Link
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jukes Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 10:03 AM
Response to Original message
74. until we're lynching-mad
Edited on Sat Jan-01-05 10:03 AM by jukes
and the public takes the risk to DEMAND justice, we're going to remain helpless before the theocracy.

after the gala, things will become much, much worse.
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kskiska Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 10:19 AM
Response to Original message
75. She'd better move out of state
I couldn't get the page to load and don't know how far along she is, but Nevada will allow her to divorce after 6 weeks residency.
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screembloodymurder Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 10:33 AM
Response to Reply #75
76. Sorry
but she's not allowed to move w/o the judges consent.
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arwalden Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 10:40 AM
Response to Original message
77. Is This Faith-Based Idiocy? What Is WRONG With People?
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 10:49 AM
Response to Original message
79. Welcome to the world of bush* Naziworld.
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 10:57 AM
Response to Reply #79
80. I wonder when the breaking point will come--when ppl have had enough?
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Triana Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-01-05 11:10 AM
Response to Original message
81. yea, let's protect all those fetuses but to Hell with...
...the women/people who are already HERE. Common sense would dictate that by protecting the woman, you protect the baby.

DOH!

Oh. I forgot. Fundies don't HAVE ANY COMMON SENSE. All they have is their dogma.
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progressivebydesign Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-02-05 10:44 AM
Response to Original message
83. Not to defend the judge but.. I read something that sheds some light..
Edited on Sun Jan-02-05 10:47 AM by progressivebydesign
Perhaps there is more to what the judge is trying to do. Did you read WHO the father of the baby is? Who she wants to marry to raise the child??? He was convicted of shooting an elderly man during a gang shooting. Lovely. Perhaps the little baby can be sent out to be adopted at birth.. only chance she's going to have at a healthy life. Judge seems like he's trying to keep her with the man that beats her, rather than a convicted gang member who shot and blinded an eldery man. Lovely choice.. but it's her to choice to make in most of America, I suppose.

From KOMO news: <<Hughes has stated in court records that the father is her boyfriend, Chauncey Jacques, who pleaded guilty to a gang-related shooting in 1998 that blinded an elderly man>>
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KDLarsen Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-02-05 11:28 AM
Response to Original message
85. I wonder..
.. when someone is going to tell *, that all the 'activist judges', he was ranting & raving about during the (s)election, is usually on his side.
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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-03-05 02:07 AM
Response to Original message
86. There's a new forum in Spokane which Might be Interested
in your input. It's www.Spokanetalk.net .

I know there are DU'ers from Spokane so they might contribute.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-03-05 03:45 AM
Response to Original message
87. I was divorced in Spokane
and was denied a divorce until my 2nd child was born, at which time I asked for and recieved a blood test to establish is I was the father or not.

I was able to represent myself "pro se" in Spokane courts for a few times and they loved me - I won every single time, so much so that my ex moved to Alabama so find friendlier judges, and she did - one of them jailed me for 20 days about three months ago for my "tone of voice" in an illegally recorded phone call to my 15 year old son..

The Southern Judge even admitted that she had NO EVIDENCE (since it was illegally gotten) but JAILED me for my "tone of voice" and for talking to my 15 year old son about court. (I wasn't swaying him or anything, just explaining that he had to tell the truth to Judges, etc)

Believe me, this is NOTHING compared to what other insane Judges do - I'm the poster boy for having an insane ex who gets whatever she wants in court from a Right Wing Man Hating Fake Christian Judge.

I found most Judges in Spokane to be fair, some were even more like game show hosts, but were fair to me.

THis is actually common practice, I could write a book about the abuses in Family Court. FOr one thing they RULE FROM THE BENCH.. You have NO Civil Rights in Family Court, and people lie all they want - I even showed PROOF that my ex was double billing both ME and the Insurance company and the Southern Judge didn't give a sh*t..

But now I have a new loving wife (sane) and a brand new son just born on the 27th of Dec - so I'm happy as a clam - knock on wood :)
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mtnester Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-03-05 04:37 AM
Response to Original message
88. AGAIN, I urge every woman to read or re-read A Handmainds Tale
As a female, I am seeing more and more of this type of stuff and it scares the HELL out of me.

Does anyone blame me for keeping a "tidy sum" hidden away just in case?
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