Originally Posted By: The Italian Stallionette
Originally Posted By: dontomasso
I am going to take a firm stand for gay marriage for one reason. It means there will also be gay divorce, gay pre nups, and more money for lawyers.

As for the French law, all I can say is it gives new meaning to the Can-Can.


Just out of curiosity, what do you think would happen in a divorce case between two people of the same sex, as far as child custody goes. Most often it is the woman who gets the child custody. It's almost a given, no?? Only in rare cases have I seen the father get custody (not to say IMHO in some cases I think child w/b better off with the father).

Would that aspect be looked at any differently as far as HOW it is determined who gets custody? Or as the law stands now would any wording have to be changed/altered? Just wondering


smile
TIS


In most states, TIS, these days, there is a presumption that both parents have equal rights to have time and control over their children. In Florida, the term "custody" is no longer even on the books. What the courts usually do is declare the parents have "shared parental responsibility" with one or the other parent having final say on certain issues if there is no agreement. The parent who gets this "primary" role usually better meets a bunch of criteria better than the other (i.e. if one is a criminal it is a no brainer). More and more people are encouraged to work out "parenting plans" where the kids share time pretty mucch equally.

All that said, there is still an unwriten bias toward the mother, especially if the child is an infant, and of course if the child is still nursing.


With gay divorce I would imagine this kind of time sharing arrangement would work pretty much like it does in neterosexual marriages, with one or the other parent being the "primary" caretaker.


"Io sono stanco, sono imbigliato, and I wan't everyone here to know, there ain't gonna be no trouble from me..Don Corleone..Cicc' a port!"

"I stood in the courtroom like a fool."

"I am Constanza: Lord of the idiots."