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View Diary: Texas judge orders lesbian couple to split up or lose children (190 comments)

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  •  However, if they move to a state where same sex (1+ / 0-)
    Recommended by:
    Mordoch

    marriage is legal then they could get married and the clause would no longer apply.

    You have watched Faux News, now lose 2d10 SAN.

    by Throw The Bums Out on Sat May 18, 2013 at 01:26:36 PM PDT

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    •  yeah, but the problem is that they likely CAN'T (5+ / 0-)

      move out of state. If they do so, the father will sue for full custody, or have the move blocked by the judge. Custody agreements are tricky things, often with geographic clauses put in place. I wouldn't put it past this asshole to put every possible roadblock in place.

    •  The problem is that, AFAIK (IANAL) (0+ / 0-)

      custody agreements are always governed by the law of the state that granted them, even if one or both parties have moved out of the state. Texas law (which governs in this case) wouldn't recognize their out-of-state marriage.

      This is a double-edged sword: it's exactly this principle that allows Janet Jenkins to have a case against her "ex-lesbian" ex-partner who kidnapped their daughter (the ex-partner moved from Vermont to Virginia and tried to get Virginia's court to change the terms of the Vermont custody agreement).

      Sometimes truth is spoken from privilege and falsehood is spoken to power. Good intentions aren't enough.

      by ebohlman on Sun May 19, 2013 at 02:23:44 PM PDT

      [ Parent ]

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