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

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  •  it's not "what judges do w/ Ks" in child custody (0+ / 0-)

    A family law court, when the issue is child custody, typically will not merely rule whether a term/clause is breached in a divorce stipulation/contract.  Upon review later on, a court will "look" at all the facts and circumstances regarding an alleged breach as to its affect upon the best interests of the child, as well as other facts and circumstances as to its affect upon the best interests of the child. In other words, in child custody cases the turning issue is "the best interests of the child" despite what the parties agreed upon in a divorce stipulation/contract and what the court ruled upon at the time of the divorce.  (K = contract)

    "Facts are stubborn things; and whatever may be our wishes . . . or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams, 1770

    by Dee Stonewall on Sun May 19, 2013 at 12:16:46 AM PDT

    [ Parent ]

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