[txradioguy]

"A) under Florida law the husband has guardianship"


The lawyers could wasily argue that since Mr. Schiavo has been living in an adluterous relationship and fathering children out of wedlock he has violated the Florida laws concerning marriage and adultery and therefore has relinquished his right to claim guardianship.

Why they haven't taken this angle is beyond me.

[Destro]

The lawyers could wasily argue that since Mr. Schiavo has been living in an adluterous relationship and fathering children out of wedlock he has violated the Florida laws concerning marriage and adultery and therefore has relinquished his right to claim guardianship. Why they haven't taken this angle is beyond me.

Because for the judge to make such a ruling would be playing at judicial activisim. There is no provision in the law that would disqualify the husband unles sthe state spells it out.

If you want the status of spouse to be conditoonal like for example the spouse has to remain chaste/celibate the entire time their other spouse is in such a state to maintain their "next of kin" status then the legislature has to pass it as an addendum to the law.

Of course it would not apply to Michael Schaivo (ex post facto) and I don't see any legislature passing this Puritan law either.

[familyop]

"The lawyers could wasily argue that since Mr. Schiavo has been living in an adluterous relationship and fathering children out of wedlock he has violated the Florida laws concerning marriage and adultery and therefore has relinquished his right to claim guardianship."

You must be joking. Anti-family activists in both political parties have been working hard for 150 years (and more intensely for 35 years) to legitimize and popularize adultery. Do women with children from adulterous "soul communions" and "affairs of the heart" lose guardianship of their children as a result of adultery, even though adultery is harmful to children?

The chickens are coming home to roost on the Schiavo issue, just as they did on the "same-sex marriage" issue. Destroy the family, and everyone else's rights follow out the window, sooner or later.

[american colleen]

Why they haven't taken this angle is beyond me.

Probably like all court cases, it comes down to who had the better lawyers.