Terri Schiavo's parents ask judge to let her divorce husband

The Miami Herald ^ | 2-28-05 | VICKIE CHACHERE

[TAdams8591]

VICKIE CHACHERE

Associated Press

TAMPA, Fla. - Terri Schiavo's parents asked a Pinellas court judge Monday to allow her to divorce her husband - in either life or death - in a court filing accusing Michael Schiavo of adultery and not acting in his wife's best interests.

The filing was one of a flurry of 15 motions filed by Bob and Mary Schindler as they now have less than three weeks to find a legal way to keep their severely brain-damaged daughter alive.

Terri Schiavo is scheduled to have the feeding tube that has kept her alive for 15 years removed March 18 unless her parents can convince an appeals court to block Michael Schiavo again. Michael Schiavo says he will have the tube pulled because his wife once told him she would never want to be kept alive artificially.

David Gibbs, the Schindler's attorney, said Pinellas Circuit Court Judge George Greer has indicated he will not hear the divorce request and five other motions filed Monday - but that only means that the matters are now on their way to being appealed to the 2nd District Court of Appeal in Lakeland........

Terri Schiavo's parents ask judge to let her divorce husband

[supercat]

Just as Michael has claimed that "Terry would never want to live in this fashion - she said so", her parents should be able to claim "Our daughter would never want to remain married to a two timing (actually three timing) ba$tard of a husband - she said so."

Whether or not Terri made any statements before her incapacity, an honest guardian would be able to file for divorce on her behalf and most likely receive one very quickly and easily.

[Halls]

they may be misdeamors, but still I say charge the SOB!

[floriduh voter]

and if you are representing Michael that would be a "no".

[TAdams8591]

This whole case is about death by proxy as the same applies to Terri's court ordered death.

It is amazing that other's can decide that Terri can die (irreversible), but they can't decide she can be divorced(reversible).

[nicmarlo]

What Terri needs is for one of her friends or family to state that Terri saw a movie or news about a guy that is married yet living with another woman and having kids with the other woman and Terri stated, at the time, that she would divorce Michael if he did the same thing to her!

Should be given the same weight as other declarations of Terri that never made it into writing.

But we're talking about Judge Greer. ANYTHING FAVORABLE TO TERRI HE CONSIDERS "HEARSAY." Anything to KILL TERRI Judge Greer considers "CLEAR AND CONVINCING."

[lugsoul]

Divorce by proxy. In case you haven't figured it out, it is what the entire thread is about.

[pepperdog]

I agree! Furthermore I question why this case is allowing hearsay when we all know that we MUST have a living will or the hospitals will keep us alive until we rot! At least that's the way our lawyer put it.

[TAdams8591]

Remember, Supercat? Terri's friend said she supposedly expressed that she was considering divorce just prior to her supposed, "collapse."

[supercat]

This whole thread is about divorce by proxy. Terri is unable to file for divorce on her own behalf.

The laws allow for a guardian to file for a divorce on behalf of an incapacitated person. The problem is the catch-22 of Michael being both the guardian and the would-be target of a divorce motion.

[beezdotcom]

Advocating perjury?

No, I absolutely think Michael Schiavo should be charged for perjury.

[Halls]

Ya know, we are just posters and people here , and we can ahve our opinions whether they are right or wrong. So why don't you just go back to whatever rock you climed out of and leave this thread and the posters alone!

[TAdams8591]

Thank you for the enlightment. We just couldn't figure it all out without you.

[nicmarlo]

The Judge has already advocated perjury by accepted only Michael Schaivo's contradictory hearsay testimony.

Testimony #1, during civil litigation to collect money: Michael said HE WANTS TO TAKE CARE OF TERRI FOR THE REST OF HIS LIFE. He's so clear and convincing, he gets $1.2 MILLION for his testimony.

Testimony #2, during guardian case: Michael says TERRI WOUDN'T WANT TO LIVE HOOKED UP TO TUBES (the same predicament she was already in during testimony #1).

Which one of MICHAEL SCHAIVO'S TESTIMONY IS PERJURY? # 1 or #2?

[lugsoul]

Then I guess you know that Terri made such a statement, since you want someone to testify to it under oath?

[TheSpottedOwl]

Oh you know it. From what someone posted on this thread, Terri was planning to divorce Michael and move in with her friend. I cannot imagine what her reaction would be if she knew exactly what has been going on behind her back this whole time.

Depending on the circumstances, and how strong your marriage and faith is, cheating is possible to forgive. Abuse isn't. I don't know if he was cheating on her, but he was smacking her around. He's still doing it...

[angelanddevil2]

But many others are non-fault States. Eg: California. I hate it!.

[TAdams8591]

Thank you. That's what I read. It's NOT a common law state. If it were, Michael and Jodi would be living in separate residences I'm sure.

[atruelady]

I know I wouldn't.

I would sure love to see Terri recover and confront everyone on this.

[Bushforlife]

A good deal of what goes on in courtrooms is theater. One side makes their presentation of their version of the truth, and then so does the other side. If one reads accounts of why a jury passes a particular verdict, it is very common to see that the jury members thought that a particular defendant/plaintiff/expert was "nice" or "not nice", "smiled a lot" or "smiled too much" or "didn't smile enough", or any one of a number of other intangible subjective factors of each sides' theatrical presentation of their position; very often such a subjective impression is the basis for the juror's decision. In addition, does anyone REALLY believe that a judge does not interpret the facts according to his own personal biases and politics? The judicial system has much less to do with justice than it does with officially sanctioning a particular agenda.

The family has every right to mount whatever case they wish to keep their daughter alive. They have a right to manipulate the system to their favor as much as MS and Greer have in order to push THEIR agenda. It is, after all, this joke of a judicial system that is attempting to kill their daughter.

[Halls]

Of course it is troublesome to want children not to be with their parents, but when you talk about what is in the best interest of these kids I would still say the same thing, and in fact I believe these kids live in danger because of their father.