Georgia judge halts lesbian adoption (but wait, there's more!)

[CCM08]

That’s where the adoption agency comes in and says ‘you don’t get passing marks to adopt’; and then the DCF or whatever analogue Georgia has takes the child in. No need for the courts.

Actually, all these actions are through family courts. Litigation in various states has caused the vast majority of states to gut “Child Protective Services,” or whatever alphabet soup name used in each state. Most have zero ability to act outside the context of temporary emergency guardians petitioning a family court.

No, it isn’t; and anyway, in this case it’s quite clear that the court’s interest instead lay in promoting its personal distaste for homosexuality, which is not the issue at hand.

It very much is the issue at hand. You don’t have any legal right to determine who gets your children whether you just want to get rid of them, die, or any other possiblity. Custody actions go through the courts, and the courts have the final say in the matter. Kids go through enough **** in life that having to go to school every day and be teased because you live with a couple of lesbos shouldn’t be added to it, especially in a situation like this.

 

[CCM08]

Did you read my post previous to this one, #8? Stop equating homosexual with pedophile. That is not what this case is about. Obviously, there would be a problem with adopting to pedophiles. More people agree with that but not everyone agrees that it is wrong to adopt to homosexual parents. The courts should stay clear of that.

Actually that had noting to do with the issue. The fact is you don’t just get to transfer custody to anyone you want, these actions have to be handled by family courts. That court can certainly decline your transfer request. Actually, in more than a few states it is illegal for homosexuals to adopt, and enforcing the law is the primary function of the courts. Not only should they not stay away for it, they cannot stay away from it.

 

[CCM08]

But that’s exactly my point. If it is expressed in a legal document, what right do the courts have to overturn that?

Children are not property to be willed. Parents may express their wishes, that doesn’t mean courts have to, will, or even should, take them into account. When deciding custody the courts decide based on the best interests of the child. As such you can write in your will 1,000 times that you want your kids to go to their godparents. However, if those godparents are say (for example) an elderly couple and there’s a middle aged aunt and uncle willing to take them the courts are going to decide who’s in the better position to care for young active children. Odds are in that case the courts will not honor your wishes. Nor can single parents will their children to family members because they don’t want them to go to the other parent.
Even with matters of personal property you cannot write an illegal will. If statue requires property to be willed in a certain fashion the courts will follow the law, regardless of what you want done.