Monday, August 20, 2007

We have a Winner!

& boy did we need it!

Today, one of the non-bio moms in this state, won her fight - and she won Big! We'll call her M.

M has a thirteen year old daughter who has lived in her custody for 11 years. Her "bio" mom is a nightmare and I can say that because none of you know her. She is unfit and unstable and un - just about everything you can think of. But still, she has that biology part that seems to run the show these days.

When the bio mom heard about my ex, she hired the same attorney and challenged M's rights to their daughter. M then proved standing after my visitation ruling but like so many others, she was threatened with the Supreme's ruling earlier this year. They took her back to court and said that because of my ruling, her standing didn't...stand.

Luckily, they went another route. They threw out the in loco parentis argument, knowing that's how I lost, and instead chose to fight using contract law. This, again, is why it's so important to create as many legally binding contracts as you possibly can. Cheryl and I had many, many different contracts but we didn't use that argument. Maybe if we had, it would've turned out differently. They had one contract and it was enough.

Of course this ruling will be challenged on appeal but this is a big step in a very positive direction. I care about this little girl so much and to know that she won't know the fear her mom has lived with this whole year is a very big deal. Kudos to you, M. You are strong & brave and I only see good things ahead. :)


Back to contracts...those of you who live in State's like mine - where you can't adopt your children - there are so many things you can do from Estate Planning, Trusts, Wills, Co-guardianships, etc. But don't forget to do a Parenting Agreement. Write up what will happen should you split up. Again, it can be challenged but it's one more thing and I'm not sure enough people know to do it.

Again, big day! Gina, you're next & I'm keeping everything crossed :)