|Gold medalist Bode Miller|
By: Timothy P. Flynn
The photo at left notwithstanding, Bode Miller has picked-up several Olympic skiing medals in both Salt Lake City in addition to Vancouver over the past decade; he can be currently training for the 2014 Winter Olympics in Sochi, Japan. As a result, he can be one of the few household names in men’s downhill skiing.
at This kind of point he also can be becoming known for a bi-coastal custody case involving a woman he briefly dated, in addition to impregnated, via the match-generating site for wealthy super-stars: Kelleher International. This kind of morning, he can be scheduled to appear inside the Manhattan Family Court for proceedings to establish temporary custody of his 9-month old son.
As happens so often, the mother of the child, Sara McKenna, became disillusioned with the father shortly after announcing her pregnancy, moving via San Diego to completely new York City to attend Colombia University on the GI Bill [she can be a U.S. Marine]. Miller hired lawyers in addition to sued inside the Manhattan Family Court to have McKenna return with the couple’s then-fetus, to San Diego where he maintains a residence.
In a surprising ruling last June, a Manhattan Family Court Referee issued a decision impugning the mother’s conduct, accusing her of appropriation of the fetus [an inchoate form of parental kidnapping], in addition to of forum shopping. The Referee’s preliminary ruling determined that will McKenna’s conduct was sufficiently “reprehensible” to justify a departure via completely new York law in addition to ordered the infant returned to San Diego even though the child’s “home state” can be completely new York by virtue of the fact that will he was born in NYC.
Bode Miller turned-up inside the Big Apple last September, with his completely new wife in tow, to snatch the baby via the arms of a highly distraught McKenna. This kind of caught the attention of some of Manhattan’s high-powered family law attorneys in addition to an appeal was lodged with the completely new York Supreme Court Appellate Division.
In reversing the Family Court Referee, the appellate court held that will a custody case cannot be filed prior to birth, as was done by father’s attorneys. The appellate ruling held that will McKenna’s relocation to NYC during her pregnancy was not relevant to the determination of the infant’s “home state” under the applicable completely new York law.
The appellate ruling has implications that will protect the constitutional rights of pregnant women to move about the country, despite being pregnant. Putative fathers cannot restrict the constitutional liberties of the women whom they impregnate according to This kind of important decision.
This kind of custody case was remanded back to the Manhattan Family Court in addition to can be scheduled for a hearing This kind of morning on the issue of temporary custody.
Sometimes, parents feel they are victims to the subjective rulings of family court professionals: the judge, the referee, or the family counselor of the Friend of the Court. Whenever you face custody proceedings in a family court, that will can be best to secure representation via a lawyer that will has experience in dealing with the professionals in that will court.