Judge Lets Parents Challenge Custody of Terri Schiavo

Tampa Bay Online ^ | November 5, 2003 | AP

[sweetliberty]

CLEARWATER, Fla. (AP) - A state circuit judge Wednesday refused to block an effort by the parents of a brain-damage woman to try to get her husband removed as her legal guardian. Attorneys for Michael Schiavo now have to respond in court to charges in the petition that he withheld proper care and therapy from his wife, Terri Schiavo, and that he has a conflict of interest because he's in a romantic relationship with another woman.

Bob and Mary Schindler, parents of Terri Schiavo, asked Circuit Judge George W. Greer to appoint Terri's brother or sister as guardian instead.

Schiavo had asked for the Schindler's request to be dismissed, but Greer refused.

In the past, Greer has repeatedly affirmed Michael Schiavo's legal right to remove Terri Schiavo's feeding tube and allow her to die, as he says she would have wished.

The guardianship issue is a sidebar to what is likely to be a major legal battle over a hastily passed state law that let Gov. Jeb Bush order the reinsertion of Terri Schiavo's feeding tube Oct. 21.

Michael Schiavo's attorney, with backing by the American Civil Liberties Union, has challenged the constitutionality of the law.

[supercat]

This refers to Sexual cohabitation with the subject of the guardianship, not with 3rd parties. Otherwise, a married person could never be a guardian. You are confusing the issue.

I don't think so. The section in question relates to cohabitation of unmarried people, and does not specify the involvement of the ward.

[jwalsh07]

Kate Adamson was just on O'Reilly. Her witness was unbelievably wrenching.
She stated that when she heard Michael Schiavo say that removal of food and hydration was painless she could not believe it. As it turns out they removed her feeding tube for 8 days after diagnosing her as PVS and she said it was pure torture, unbearable and yet she did indeed bear it.

Her husband insisted they put the tube back in or he would sue everybody involved. He stated that he told the Drs that she would communicate with him by blinking but the Doctors would not believe him.

He's a lawyer though and promised that he wouldn't sue if they reinserted the g-tube. Some time later Mrs Adamson recovered and today looks wonderful.

They deserve big kudos for speaking out.

She was cognizant the entire time. She could see, hear and feel but not communicat with the outside world with the exception of very intermittent blinks. An amazing story.

---

[sweetliberty]

" he should also ask why Michael's behavior isn't a violation of (section number) that prohibits guardians from engaging in sexual cohabitation."

I agree with that, but keep in mind that there was a senate bill on the table today and yesterday that would delete that as a disqualifier. I haven't heard how that went. Curious that it is out there NOW though, don't you think?

[windchime]

The news is super! Prayer has changed one heart anyway! It's the other hearts that worry me, though.

Bill O'Reilly just had a woman on that had a stroke and was in a coma....they removed her g tube for eight days until her lawyer husband screamed about suing them. She's fine now. Knew EVERYTHING that was going on. Says starvation/dehydration was VERY painful. They even operated on her without enough anesthetic and she felt it all! I think she swayed O'Reilly. He's been a bugger.

[Oystir]

The headline is misleading. A judge does not "block" the filing of papers with a court clerk. All that happened is that the family filed papers with the court asking for a replacement of the guardian. For all we know the judge was not even at work and could have been having a root canal. No news here

[calvin sun]

At this point, I don't really care what his motives were for doing the right thing. I only care that he did.

Cf Philippians 1:18 ff "But what does it matter? The important thing is that in every way, whether from false motives or true, Christ is being preached.."

Same idea here

[sweetliberty]

I saw that, and I'll bet it reached a LOT of people who were otherwise on the fence about Terri. Something tells me that Mikey and Georgie aren't having a good evening. The rest of the week ain't looking too hot for them either.

[windchime]

I hope they are diminished to the size of the violinist.

[tessalu]

I thought that Judge Greer was in Felos pocket and that of Michael Schiavo.

[StarFan]

Dare we begin to see some hope?

[supercat]

I agree with that, but keep in mind that there was a senate bill on the table today and yesterday that would delete that as a disqualifier. I haven't heard how that went. Curious that it is out there NOW though, don't you think?

Indeed. I don't know whether it's one of those silly bills people introduce that never goes anywhere, or if it would be potentially dangerous.

While I'll admit that some of the restrictions should probably be relaxed a little as a practical matter (e.g. suppose a mother and father are killed, and the only sibling of either is cohabiting with his fiancée; should that make him unsuitable as a guardian for his niece/nephew?) I think it important to change the law so as to make clear that certain lewd and lacivious behavior is still unacceptable, and further to do so in such a way as to make clear that the restrictions are not new restrictions but pre-existing ones and thus their retrospective enforcement would not be retroactive.

[supercat]

The headline is misleading. A judge does not "block" the filing of papers with a court clerk. All that happened is that the family filed papers with the court asking for a replacement of the guardian. For all we know the judge was not even at work and could have been having a root canal. No news here

There was a hearing today on a motion to dismiss the Schindler's petition. The motion was denied.

[supercat]

I thought that Judge Greer was in Felos pocket and that of Michael Schiavo.

I think he may realize that the jig is up, and that continuing the path he's taken to date will just land him in bigger trouble.

[TheOtherOne]

The section in question relates to cohabitation of unmarried people, and does not specify the involvement of the ward.

Can you tell me what section it is, I cannot seem to find it myself. Thanks.

[PeyersPatches]

Oh that was such good news to read! Thanks for posting and I'll be passing it on via email!

[Smocker]

Golly, gee. What a great idea. I think you should write to Schiavo and recommend he do just that. so glad you thought of it, think he will listen to you?

[sweetliberty]

"Hot answer to a very cold post."

#13 is priceless too.

[Theodore R.]

How is Jeb now handling the situation in your estimation? Do you think there is a lot of back-door machinations going on legally here?

[supercat]

Okay, look in XXXI.435.03, and note subsection (2)(o). On reading the section again, I guess it appears that the fact that Michael hasn't yet been convicted of the behavior may make it not yet relevant, but his open confessions of the behavior should lead one to question the legitimacy of his guardianship.

[agrace]

I just saw that, unbelievable. This woman saw and heard everything around her, was literally screaming to everyone trying to let them know but she couldn't move. Her husband couldn't even convince doctors that she was at all responsive to him (blinking to communicate). Most effective statement - when talking about the 8 days with the feeding tube removed, she said that Michael's lawyer was crazy saying it was painless. She said she felt everything and it was excruciating torture.

What I want to know is, how come the drs could override the husband's wishes in her case and remove the feeding tube? I believe I'll be buying her book.

And this news about Greer and the hearing - whoa. Can't hardly believe it.