Ok ok, here's a simple question blank and to the point.....

[pegmatite9999]

To be fair, with reference to the example posed, it should be noted that the father of Christa Worthington's child (Ava) was a married man with whom she was having an affair and, to quote the Crime Library:

When Tony was informed about the pregnancy, he was deeply concerned that it would spell doom for his marriage. An article by Franci Richardson in the Boston Herald quoted Tony, who said, "I wasn't looking to end my marriage but I am human. It was her choice to have the baby." Consequently, he ended his relationship with Christa.

He eventually agreed to acknowledge the child and pay child support, but it's not like he had much of a choice there.

The father was first in line. For whatever reason, the judge ruled to uphold Christa's wishes. Perhaps he considered the fact that the father initially appeared to want no more of a relationship with Ava than was legally required, and the father's motive to "fight" for his daughter was suspect in light of the pending $10 million lawsuit, on Ava's behalf, against the murderer's employer.

Nonsense!

"After Worthington's death, the Jacketts assumed they would raise Ava.
"Where else would she go? Who would love her more than biological family, her father," asks Susan Jackett. "We had already fallen madly in love with her. It was easy to think that we would raise her."

The Jacketts say they thought, for the most part, that Worthington was happy that they were involved with Ava. But others aren't so sure.

"There is no way she wanted Tony to have custody," says Worthington's friend, Kaylan.

In fact, two months before her death, Worthington wrote a will naming longtime friends Amyra and Cliff Chase, not the Jacketts, as Ava's guardians. Ava is now living with the couple in an upscale Boston suburb. But the fight for full custody has become a Jackett family crusade."

Jacketts wanted to and assumed they would raise the child when they learned of her mother's death. However that is not what happened. If not for the will, the child, by law would/should have gone to her natural father, whose rights had not been terminated, whose whereabouts were known, and who was more than willing to care for his daughter.

II. Agreement of the Non-Custodial Parent

The standby guardian statute is silent on the necessity to secure the agreement of the non-custodial parent. By comparison, an accompanying statute in the same section of the code, referring to emergency guardianship that lasts for 60 days, is very explicit on that point. It says "A parent shall not appoint an emergency proxy of a minor, if the minor has another living parent whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day to day child care decisions concerning the minor, unless the nonappointing parent consents to the appointment by signing the written instrument of appointment" [Probate 201-2G] Clearly, a standby guardianship which can endure for a longer period of time and may evolve into a permanent arrangement would require the consent of the non-custodial parent. [See Adoption of Carlos, 576 NE 2d 701 (1991)] The usual exceptions would no doubt apply: proven unfitness, prior termination of parental rights, and perhaps inability to locate after diligent search. Elsewhere in the guardianship statute there is reference to the potential for the court to find a parent unfit [Probate 201-5] so it is possible that unfitness could be determined in the standby guardianship hearing.

In this case, the written will of the mother prevailed over the parental rights of the father.

 

[moburkes]

Again, has nothing to do with OH law. Also, you're posting newspaper (or some other source) articles. The court transcript is what you need to post. This is WAY off topic. You haven't proven any point.

 

[rmet4nzkx]

A person may appoint a "STANDBY" guardian in a will or other legal document or even is a public ceremony, such as a baptism, christening, dedication service, such as "God Parents" but that does not guarantee that the court will appoint that person as guardian or that a non custodial parent will automatically gain custody, a court will make a determination as to the best needs of the child according to the laws of that State or Commonwealth..

 

[slimshady]

It seems she did, in effect, "will her child" to her friends. Still here, stealthy. How's that idle threat of yours working out?[/B]

Hey pegamoron...care to cite us to that case law so we can read it in ITS ENTIRETY?? Didn't think so. Get back to your greeter gig at WalMart.

 

[slimshady]

It happens all the time (judges ignore the law)!!!

Please cite sanctions by the Disciplinary Counsel to back it up because I am sure the SUPCO would be very interested in hearing about judges who ignore the law.

 

[pegmatite9999]

Hey pegamoron...care to cite us to that case law so we can read it in ITS ENTIRETY?? Didn't think so. Get back to your greeter gig at WalMart.[/QUOTE

Put down your slushie and read it, Forrest.

 

[stealth2]

slim - you really need to knock it off - unless you enjoy being booted.

 

[slimshady]

slim - you really need to knock it off - unless you enjoy being booted.

I am calling her out. I have also edited my posts removing some of the name calling after I "cooled off."

 

[pegmatite9999]

Congratulations. You are the newest member in the "Reason Why Abortion is Legal" fraternity. OG is an attorney who practices Family Law in Ohio. Who cares if you were born and raised in Columbus, OH or Wallwalla, WA. What you are talking about is absolutely IRRELEVANT in Ohio courts.

By the way, you practice what?

Making sure the correct amount of "special sauce" is on each Big Mac that is ordered? Or did you get promoted to ensure that the drive-thru operates efficiently?

I think your time here is pretty limited.

I think your actual experience(s) in courtrooms are pretty limited. I saw an old, crazy judge get yanked out of retirement in Franklin County to preside over a trial that lasted FIVE MONTHS, and was the most expensive trial Ohio has ever held. He found my friend guilty of over one hundred felony counts. He completely ignored the law, and made rulings that were, like you, simply retarded. It took SEVEN YEARS to overturn his convictions. Crazy stuff happens in courts all over the country way more than you apparently think. Now, get moving, it's time to make the doughnuts.

 

[stealth2]

<shrug> whatever. I wouldn't expect to hang around for long in any event.

 

[pegmatite9999]

No, stupid skank. You were asked to provide the case law to this. You are obviously sooo familiar with this, that it should be an easy find. SO get off your freaking back and Do it. And by the way, pegamoron...a newspaper article is NOT "case law.")

Put up or shut up, peg.

The purpose of the article was to point out that Jackett did indeed wish to raise his own child, contrary to the insinuation of another poster that he had no interest, and only did so because of a large wrongful death lawsuit.

You are one of many who've insulted and threatened me simply because I disagree with your blanket assumptions about the law. Why do you think lawyers only "practice" law?
Because it's not perfect. OUr system is not perfect. Many who come here watch too much t.v. and believe that real courtrooms work like t.v. courtrooms. They don't.

 

[slimshady]

I think your actual experience(s) in courtrooms are pretty limited. I saw an old, crazy judge get yanked out of retirement in Franklin County to preside over a trial that lasted FIVE MONTHS, and was the most expensive trial Ohio has ever held.

Oh really, Ironside? And why was that? I am going to guess something related to conflict of interest which would impeded the Defendant getting a fair trial. The cost of the trial is irrelevant and the reason(s) why an outside judge was appointed is nothing new. Happens quite often in courts all across the USA.

He found my friend guilty of over one hundred felony counts. He completely ignored the law, and made rulings that were, like you, simply retarded. It took SEVEN YEARS to overturn his convictions. Crazy stuff happens in courts all over the country way more than you apparently think. Now, get moving, it's time to make the doughnuts.

And you're talking about ONE JUDGE. You originally said judgeS -- plural -- like it's commonplace. It's also not uncommon for some Judges to have their rulings overturned -- and not because they "ignored the law" as you accuse. Nobody ever said that "crazy stuff" doesn't happen in court rooms. Quit trying to change the subject. You should look at the punishments on particular Judge in Lake County, Ohio (Painesville) issues for punishments. I believe it's Judge Cicconetti (sp). His rulings have been controversial, but they send a message.

It seems you have issues because your friend is a criminal. 100 felony convictions?? Good Lord.

And quit trying to "one-up" me on the insults. It just makes you look more foolish than you've already proven yourself. I am Biggus Jerkus.

 

[slimshady]

The purpose of the article was to point out that Jackett did indeed wish to raise his own child, contrary to the insinuation of another poster that he had no interest, and only did so because of a large wrongful death lawsuit.

And you are talking about ONE G-DAMN CASE THAT HAS NO FREAKING BEARING ON ANY COURT IN OHIO!!!! There is clearly alot more to this case -- and you continue to refuse to cite the ruling on this so we can all read it and see for ourselves. Which means that people like me -- and others -- are right. The legal fact of the matter is the BIOLOGICAL PARENT, barring any court orders, WILL ALWAYS be the first in line. And any Estate/Trustee Lawyer worth their salt should know -- and stop -- including language willing out their children like they are property. Check the calendar. It's 2007. Not 1807.

You are one of many who've insulted and threatened me simply because I disagree with your blanket assumptions about the law. Why do you think lawyers only "practice" law?

You're damn right I've insulted and threatened you because you've continue to jack this thread with ONE EXTREME EXAMPLE from another freaking state. And it's dumb broads like you who deserve smackdowns like this that you're getting. And it's my pleasure issuing them.

Because it's not perfect. OUr system is not perfect. Many who come here watch too much t.v. and believe that real courtrooms work like t.v. courtrooms. They don't.

This crap is irrelevant. The imperfections of the system is not the topic (in your continuing attempt to change the subject). You will have attorneys and Judges tell you the system isn't perfect. It's not meant to be. The system is meant to be FAIR.

 

[Ohiogal]

I think your actual experience(s) in courtrooms are pretty limited. I saw an old, crazy judge get yanked out of retirement in Franklin County to preside over a trial that lasted FIVE MONTHS, and was the most expensive trial Ohio has ever held. He found my friend guilty of over one hundred felony counts. He completely ignored the law, and made rulings that were, like you, simply retarded. It took SEVEN YEARS to overturn his convictions. Crazy stuff happens in courts all over the country way more than you apparently think. Now, get moving, it's time to make the doughnuts.

i think your experience is extremely limited and biased. You didn't like it because your friend was found guilty of over one hundred felony counts (which by the way I am finding NO record of in Ohio). Apparently he was also charged with that many counts. And did your friend ask for a jury trial? Because quite frankly he had the right to have one -- a judge does not control verdicts unless it is a bench trial. Which means your friend did not exercise his right to a jury trial. And prove that it was the most expensive trial in Ohio. The most felony counts I am finding in one trial is 53 and that is with Taft's friend's Noe. Which just happened this summer.
Seven years to overturn his convictions? To all 100 counts? I find that highly unlikely. Again a case citation would be extremely helpful and give you some credibility. HOwever that is criminal court and NOT family court. Different ballfield so to speak.
So quit giving bad legal advice and come back and advice AFTER you pass the bar in Ohio.

 

[pegmatite9999]

Please cite sanctions by the Disciplinary Counsel to back it up because I am sure the SUPCO would be very interested in hearing about judges who ignore the law.

Right. A judgment has never been reversed, and your box of chocolates is full of
magic beans.