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|SOD: "She's a pistol" - Gabi killed Nick|
|Topic Started: May 30 2014, 12:13 AM (4,624 Views)|
|sillibella||May 31 2014, 01:33 AM Post #61|
I've heard of some children having three legal parents before so it's definitely not out of the realm of possibility, at least in the real world. Sonny has already been included in the custody agreement but he'll only have rights if something happens to Will. It'd be nice to see him get actual legal custody of Ari along with Will and Gabi. If Days wants to continue to do "real-to-life" storylines with WilSon, since they are already married and with a child, some of the next steps would include Sonny eventually adopting Ari (though this would take maybe an episode or two) and them possibly talking about having another child via adoption or surrogate. Either of those types of storylines would give them ample possible material for drama....but knowing Days they'll just go with the cliche storyline and make one of them very sick or almost kill off one of them to provide drama.
|Kaha||May 31 2014, 08:47 AM Post #62|
He already has his rights secured. In the custody agreement, by Gabi's request, it's stated that if anything should happen to Will and Gabi and they can't take care of Ari then Ari stays with Sonny. This means he will have full custody and sole decision maker about anything relating to her.
|DaysAddiction||May 31 2014, 02:21 PM Post #63|
I hope nothing does happen to Will and I just love Will and Sonny as a couple. They really do make the perfect couple. :wub2:
|nananana7||May 31 2014, 02:49 PM Post #64|
What we've been told about the most recent version of the custody agreement is:
Does the new custody agreement say that -- if only ONE bioparent is gone, that Sonny would have joint custody with the remaining biological parent? I don't think it says that at all. (unless there are details in the agreement that weren't mentioned onscreen).
What if one parent (Gabi) is out of the picture ... and just Will remains as the active parent -- what happens if Will is out of town with a broken phone and unable to be reached -- and Ari has a medical emergency? Will Sonny be able to make medical decisions for Ari in that circumstance? They could sign medical power-of-attorney paperwork and have it on file with all local doctors/hospitals, but that's a bit unwieldy.
If Ari if Gabi is gone while Will is still in the picture -- then Sonny adopting Ari would give Sonny full coparenting rights.
Edit to add: Regarding legal precedent:
Sonny is legally Ari's stepfather, because of his marriage to Will.
I know several situations in real life ...
where one bioparent still alive and in contact, but unable to help -- and the stepparent was legally able to adopt the child.
In fact, a close friend of mine's biodad was in jail and her stepdad adopted her -- and this was 45 years ago.
Edited by nananana7, May 31 2014, 03:18 PM.
|Lady Evol||Jun 1 2014, 01:37 AM Post #65|
You don't need power of attorney to take your stepchild to the hospital or anything else related to them. The only thing a legal adoption does is
1) terminate parental rights for one parent, including dissolving any monetary ties (child support, inheritance, etc).
2) legally make the new parent the parent on the birth certificate of the child (which you apply for as soon as the adoption order has been finalized). This has the benefit of making the step parent the parent a child is raised by if the other parent dies (ie: even when Gabi gets out of prison, if will died and Sonny had adopted Ari, Gabi wouldn't get her, Sonny would).
Because it's severing the parental ties between one parent and the child forever, unless the courts take away Gabi's parental rights (which would most likely have to be initiated by Will and Sonny), Gabi would have to agree. And it's not reversable. It's not like a custody agreement, it's just boom. That's no longer your kid. No parent would agree with it "in case the kid needs to go to the hospital" lol.
The standard for a parent to be deemed unfit and lose their parental rights (real world) is insanely high, which is why sex offenders, murderers and people who use drugs in front of their kids keep getting their kids back when they get out of jail. The courts try REALLY hard to not sever those ties.
Georgia is an interesting exception- but I doubt anyone is actually interested lol. Can you tell I'm currently going through a step parent adoption with my son and my husband? Meh. The courts are kind of broken.
In the case of your friend, the dad in jail probably agreed to it because it released him from child support he'd have to make up when he got out.
Edited by Lady Evol, Jun 1 2014, 01:39 AM.
|nananana7||Jun 1 2014, 02:36 AM Post #66|
^ @LadyEvol, thanks for sharing what you've learned about stepparents adopting.
I didn't realize that Gabi would have to agree to terminate her rights. I don't see her doing that.
Wonder if three parents are allowed in "Salem USA"?
Edited by nananana7, Jun 1 2014, 02:41 AM.
|Powernat||Jun 2 2014, 09:51 PM Post #67|
||Thank God she killed him. I hated the storyline.|
|JaimeLannister||Jun 3 2014, 05:52 AM Post #68|
||I've always hated Gabi so I'm actually surprised by how much sympathy I feel for her. There's something tragic about this story.|
|ladyofthelake||Jun 3 2014, 05:56 AM Post #69|
Just out of curiosity, what constitutes "the perfect couple"? And I don't mean this in any sense of "a same sex couple can't be a perfect couple". I'd ask that about any couple someone says is "the perfect couple".
I'd love to know, seeing as couples, even on TV, aren't generally perfect.
|Honeybees||Jun 3 2014, 06:57 AM Post #70|
Sonny could not legally adopt Ari in most places unless Will or Gabi signed away their rights.
However, there was recently a landmark case that may change all that. A lesbian couple used a male friend as a sperm donor. The man was not a legal parent due to an agreement before the birth but was a part of the child's life. Eventually, one of the mothers went to jail while the other became too ill to care for the child. There was no legal paperwork that stated the bio dad was next in line so the kid went into foster care.
All three (two mommies, one daddy) went to court and the court granted full paternal rights to the father. That means the boy has three legal parents. This was considered a great victory not just for gay families but for stepparents in general who often have no legal rights but invest much time, money and emotion into their stepchildren and essentially function as adoptive parents. In this case, the fact that it was the bio dad certainly helped and it's unlikely anything like this could happen without the consent of all parties.
So, things are changing for the better. One thing that I've liked is that Days did acknowledge Sonny's precarious legal position while also portraying him as a full-on parent to Arianna.
One thing I disliked yesterday was the implication that Ari will not get to see Gabi again. Prisons have made great strides in having family visiting days and Gabi should be able to see and communicate with Ari often. Days could write a few throw away lines here and there about Wilson or Rafe taking her to see her mother. I get that we won't see it onscreen, but still.
Edited by Honeybees, Jun 3 2014, 07:02 AM.
|January||Jun 3 2014, 10:04 AM Post #71|
||It would have been nice if the writers wrote a little more between Hope and Nick to really get the payoff they are after here.|
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