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

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  •  Courts don't include clauses in private contracts. (2+ / 0-)
    Recommended by:
    doc2, lostboyjim

    They approve contracts privately negotiated by the parties. I think the defendant should have read a contract that defines her rights to custody of her child, but maybe I'm the crazy one.

    And any court will enforce an enforceable clause in a contract. They might be rarely enforced by the spouse. You should distinguish that from the situation where the facts were before the court, the claim was brought, and the law is clear.

    •  The court judge may have sneaked it in... (0+ / 0-)

      The article states "Price posted about the judge’s ruling on Facebook last week, writing that the judge placed the clause in the divorce papers because he didn’t like Compton’s “lifestyle.”"

      What makes that clause voluntary on the part of the participants if the judge inserted it?  Kind of throws out the argument here.

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