Ah, the "Tender Years Doctrine". Originally, US courts almost invariably
concluded that children stayed with the father in divorce situations. In
1813, in Philly, this common-law idea was overturned in a landmark court
decision. You can read all about it in this link:
http://www.galegroup.com/free_resources/whm/trials/addicks.htm
So the pendulum took a nefarious swing completely in the opposite direction.
This standard remained in place for well over a century and a half. Only
recently, in the more urban domestic courts, is "TYD" challenged, but many
magistrates (even in Cuyahoga County) will invoke TYD if the case-load is
such that they can't spend much time researching the case (almost always).
Rural Ohio domestic judges have more time, obviously, but "TYD" is within
their comfort zone, so there has to be compelling (in their mind) reasons to
deviate.
Do a yahoo search on "Tender Years Doctrine", Michael. Fascinating reading.
Also look into Ohio House Bill 309, if you want your blood to boil.
BTW, can you please explain the songwriter's intent in the "Wake Up" lyric
you put in your tag line?
-----Original Message-----
From: Michael Jeffries [mailto:[log in to unmask]]
Sent: Monday, June 03, 2002 7:26 PM
To: [log in to unmask]
Subject: Re: current events
In a message dated 6/3/2002 16:09:58 Eastern Daylight Time, [log in to unmask]
writes:
> Ah well, in Ohio, "Tender Years Doctrine" is the standard, meaning that
> > a
> > > child under age twelve will remain with Mom at all costs, unless Mom
is
> > > committed or in jail. I didn't see the advantage in putting Adrienne
> > > through the trauma of not seeing her Mom--my options were that 1) she
> > > remain
> > > the residential parent or 2) I press charges that she had raped her
> > > sixteen
> > > year old boyfriend in order to have her committed.
> > >
> > > So, I paid my child support, purchased every stitch of clothes the kid
> > > ever
> > > wore and bought groceries for her every week. I am upset that the
> > states
> > > mandate support, but do nothing to ensure the money is being spent on
> > the
> > > child. So, I was paying $550/month in support while Adrienne was in
> her
> > > mom's home. I will now be paying $1100/month for her to attend a
> > private
> > > liberal arts college near Philly (actually, the tuition is
$26K/yr--she
> > > has
> > > an academic scholarship for the other $13K). My joy is based that my
> ex
> > > can
> > > no longer live off her daughter's child support (and will have to rely
> > on
> > > the support from the other fathers whose children she bore). Yes, one
> > can
> > > actually live a rather comfortable life living off of one's children.
> > >
> > > But, I am a man, therefore I am suspect from the beginning, right
> > Trisha?
> > > Possibly you don't remember situations that were discussed prior to
> your
> > > timely hiatus from the list?
> > >
> > > If you are wanting to "pick a fight", let me know now. I will not
> fight
> > > you, nor will I respond to any more of your posts, public or private.
> > >
>
I'm raising 2 girls by myself and I have custody. I've never heard of this
tender years doctrine. I live in Cleveland OH, although I had a hell of a
time trying to get Susan.
I'm not getting child support. I have to keep working to afford the house,
pay the bills, keep clothes coming in and food on the table. I do all the
work and barely have time to enjoy being with my children.
"Long ago and far away we had a point you know that we had to make, we won't
live for yesterday, ready or not we're going to have our way"
Twisted Sister Wake Up (the sleeping giant)
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