Paternity

[PrivateTim]

Here are my thoughts so far from my review.

 

Okay, so a couple of points. One, I don't get why Sean would need to tell Wade anything. In fact Sean would be bound by the canons of ethics to not disclose to anyone what he and Will talk about. Sean doesn't even have an obligation to tell Wade Will is a client unless and until there is a conflict of interest between representing both people and then he would have to withdraw as the counsel of one of them.

 

Two, emancipation of a 14 year is nigh on impossible in CA if the parents object to the minor living apart from them. If there was a need to terminate parental rights the courts would appoint a guardian, if a person were willing. But a judge would laugh Will out of the court with his gripes against Brad and Robbie. In the bad parent sweepstakes they are not in the top 95%. No judge would terminate Brad's parental rights and not even Jeannie's. The "abuse" by Jeannie is so minor in the scheme of what judges see everyday, they would order counseling and mediation long, long before they would terminate her rights.

 

Lastly, I think Will is back to being out of control and in the wrong. He is 14, he does not get a say in how his life is run, that is the reality of being 14 and a 9th grader. While Brad may not be handling the situation perfectly he still has no obligation to run all his parental decisions past someone not mature enough to make decisions on his own.

Edited August 13, 2012 by PrivateTim

[rjo]

I must agree with Tim. I don't understand why Sean would have to tell Wade about Will. On the other hand, Will is not going to trial, He only has be say he will. Brad is afraid of getting the press or making things public. He will do anything to stop it. As for a guardian, you don't think Claire or JP or Stef would do it. Claire is so mad at Brad, I am sure she and Jack would.

 

The question is why is Brad acting like this? Why does he try avoid the lights. He has something to hide. If Elizabeth knows the plan there are others. This will never go to court, never.

[Mark Arbour]

The question is why is Brad acting like this? Why does he try avoid the lights. He has something to hide. If Elizabeth knows the plan there are others. This will never go to court, never.

 

If you think about it, Brad has been saddled with Jeanine and her situation, so he's trying to just get things back to a calm, level place. He's decided that the price for that, letting Michael go with a pat on the back, is worth avoiding traumatizing JJ and possibly dragging Jeanine into court to answer for her antics. I really don't think he's all that worried about the publicity from his own aspect, but it would be problematic for JJ, and maybe even for Robbie. So is Brad really making the wrong decisions here?

 

Will's point is more based on righteous indignation. He's flummoxed that Brad is letting this asshole go, and he can't imagine that Brad would let someone get away with doing that to him or to JJ. He's seen what his father has done to people who have crossed the family before, guys like Carson and Brian, and he's wondering why Michael doesn't warrant the same kind of treatment.

 

I think that JP, Claire, and Stef tend to see things more in line with Will's point of view, and to the degree that they don't, they're really irritated with how Brad is handling this, how he's making these decisions in isolation.

[centexhairysub]

Two, emancipation of a 14 year is nigh on impossible in CA if the parents object to the minor living apart from them. If there was a need to terminate parental rights the courts would appoint a guardian, if a person were willing. But a judge would laugh Will out of the court with his gripes against Brad and Robbie. In the bad parent sweepstakes they are not in the top 95%. No judge would terminate Brad's parental rights and not even Jeannie's. The "abuse" by Jeannie is so minor in the scheme of what judges see everyday, they would order counseling and mediation long, long before they would terminate her rights.

 

Okay, I have talked to two people one that works in the District Attorney's office in San Diego County and the other is a private attorney in California and both say that while it is hard to get emancipated if one or both parents object; it isn't impossible espeically if you can show cause for neglect or abuse. They both said like anything in civil court the burden is not as high as criminal court on proving neglect or abuse either. I called both of them after this was posted today and asked because it seemed a little out of left field for me but they both said it was quite possible. Now, the private attorney is a corporate lawyer so he admits this isn't his field but he said he handled a case right out of law school in the 90's were a 15 year old got emancipation from his parents in LA County and the guy in the District Attorneys office said he had seen in several times in cases of sexual abuse or abuse. I gave both of them the rundown on Jeanine arranging for Micheal to take the pictures and send them to a third party and they both agreed that in California that would easily met the standards needed to bypass parental consent at least for Jeanine. They did say that the situation with Brad was a little more murky but still might be doable as well. My friend in the District Attorneys office did indicate that I really should stop getting so involved in online fiction stories but I told him to get over himself and stop collecting Star Wars collectibles... They did both agree that the courts would question why Will would not just attempt to get another family member named as guardian instead of emancipation. I told them to stop being so technical this was fiction, that I had just wanted to know if it was possible and the answer from both of them was yes... They both said the key was the fact that Jeanine had someone take pornographic pictures of her own child and then had them distributed. They said in California this would met the requirements for charges of child pornography being filed...

 

I really don't know that I agree with Will taking this type of measure; I have become even more disenchanted with Brad than before, I never have paticularly liked him. That being said, there appears to be several options that Will could explore before taking such an extreme measure.

 

I am equally puzzled by JJ's apparent desire to sweep this under the rug. I understand him just wanting this even to be over but it seems he would be more concerned about the possibility that Micheal might have other pictures of him somewhere else and they might pop up at a later date...

 

I can always tell that it is a great chapter when so many people get so riled up and passionate about what is going on... Keep up the great work Mark...

[Mark Arbour]

Okay, I have talked to two people one that works in the District Attorney's office in San Diego County and the other is a private attorney in California and both say that while it is hard to get emancipated if one or both parents object; it isn't impossible espeically if you can show cause for neglect or abuse. They both said like anything in civil court the burden is not as high as criminal court on proving neglect or abuse either. I called both of them after this was posted today and asked because it seemed a little out of left field for me but they both said it was quite possible. Now, the private attorney is a corporate lawyer so he admits this isn't his field but he said he handled a case right out of law school in the 90's were a 15 year old got emancipation from his parents in LA County and the guy in the District Attorneys office said he had seen in several times in cases of sexual abuse or abuse. I gave both of them the rundown on Jeanine arranging for Micheal to take the pictures and send them to a third party and they both agreed that in California that would easily met the standards needed to bypass parental consent at least for Jeanine. They did say that the situation with Brad was a little more murky but still might be doable as well. My friend in the District Attorneys office did indicate that I really should stop getting so involved in online fiction stories but I told him to get over himself and stop collecting Star Wars collectibles... They did both agree that the courts would question why Will would not just attempt to get another family member named as guardian instead of emancipation. I told them to stop being so technical this was fiction, that I had just wanted to know if it was possible and the answer from both of them was yes... They both said the key was the fact that Jeanine had someone take pornographic pictures of her own child and then had them distributed. They said in California this would met the requirements for charges of child pornography being filed...

 

I really don't know that I agree with Will taking this type of measure; I have become even more disenchanted with Brad than before, I never have paticularly liked him. That being said, there appears to be several options that Will could explore before taking such an extreme measure.

 

I am equally puzzled by JJ's apparent desire to sweep this under the rug. I understand him just wanting this even to be over but it seems he would be more concerned about the possibility that Micheal might have other pictures of him somewhere else and they might pop up at a later date...

 

I can always tell that it is a great chapter when so many people get so riled up and passionate about what is going on... Keep up the great work Mark...

 

Wow. Thanks for all the research. I especially liked the line above that I bolded. It took a particularly crappy day and made it better.

Edited August 13, 2012 by Mark Arbour

[methodwriter85]

I am equally puzzled by JJ's apparent desire to sweep this under the rug. I understand him just wanting this even to be over but it seems he would be more concerned about the possibility that Micheal might have other pictures of him somewhere else and they might pop up at a later date...

 

American figure skaters can't even appear like they think about sex, let alone engage in sexual activities. If it got out that JJ was photographed masturbating, his career would be over. It doesn't matter that it was in private- JJ's got this pristine image to protect and that would kill it.

[PrivateTim]

Okay, I have talked to two people one that works in the District Attorney's office in San Diego County and the other is a private attorney in California and both say that while it is hard to get emancipated if one or both parents object; it isn't impossible espeically if you can show cause for neglect or abuse. They both said like anything in civil court the burden is not as high as criminal court on proving neglect or abuse either. I called both of them after this was posted today and asked because it seemed a little out of left field for me but they both said it was quite possible. Now, the private attorney is a corporate lawyer so he admits this isn't his field but he said he handled a case right out of law school in the 90's were a 15 year old got emancipation from his parents in LA County and the guy in the District Attorneys office said he had seen in several times in cases of sexual abuse or abuse. I gave both of them the rundown on Jeanine arranging for Micheal to take the pictures and send them to a third party and they both agreed that in California that would easily met the standards needed to bypass parental consent at least for Jeanine. They did say that the situation with Brad was a little more murky but still might be doable as well. My friend in the District Attorneys office did indicate that I really should stop getting so involved in online fiction stories but I told him to get over himself and stop collecting Star Wars collectibles... They did both agree that the courts would question why Will would not just attempt to get another family member named as guardian instead of emancipation. I told them to stop being so technical this was fiction, that I had just wanted to know if it was possible and the answer from both of them was yes... They both said the key was the fact that Jeanine had someone take pornographic pictures of her own child and then had them distributed. They said in California this would met the requirements for charges of child pornography being filed...

 

I really don't know that I agree with Will taking this type of measure; I have become even more disenchanted with Brad than before, I never have paticularly liked him. That being said, there appears to be several options that Will could explore before taking such an extreme measure.

 

Your friend in the DA's office and the private attorney can disagree all they want, but they are wrong. Emancipation does not exist in CA for kids who think they have rotten parents.

 

Emancipation

 

To quote from the above from the CA courts.

 

There are 3 ways to get emancipated:

• Get married

  You will need permission from your parents and the court.

• Join the armed forces

  You need permission from your parents, and the armed forces must accept you.

• Get a declaration of emancipation from a judge

  To get a declaration of emancipation, you have to prove ALL of these things:

• You are at least 14 years old.
• You do not want to live with your parents. Your parents do not mind if you move out. (my emphasis)
• You can handle your own money.
• You have a legal way to make money.
• Emancipation would be good for you.

Your friends can also look at the Legal Services for Children of San Francisco guide on Emancipation.

 

Emancipation is not the tool that is used to get minors away from abusive parents. And in no way, shape or form does anything that Brad has done rise to the level where a court would consider termination of parental rights. Not even Jeannie is close. For a court to terminate Jeannie's parental rights there would have to be a persistent pattern of abusive behavior and that just doesn't exist.

 

If I remember correctly your DA friend is the one who also said that when Lark jacked off in front of Will, knowing Will was watching, that that would not rise to the level of a charge or Child Endangerment. It makes me wonder what your friend in the DA's office does for them since he does not seem up on the state of the law in CA, especially as it applies to minors.

 

Mark can use poetic license, it is a fiction story, but emancipation would only come for a 14 year old in CA after an extended period of separation from their parents and many other remedies had been tried and the parents still have to agree unless their parental rights had been terminated and then the court appointed guardian would have to agree to the emancipation. Emancipation is only a tool to enable a minor to sign contracts for things like employment, housing, vehicles and the like.

[mmike1969]

re Michael:

 

If he got fired and then wound up bloody in a ditch somewhere with bullet holes in his body, the first finger I'd point to is Brad.

 

If he got severance with a good luck in your future endeavors and THEN wound up with bullet holes, Brad would look like the good guy...

 

Just saying...

[MJ85]

But Will has no knowledge of this sort of thing having been done before from the family...right? Even if that were to happen, I'd think that all Will will see is Michael having been given a severance package and then just happening to turn up dead - he won't see that the family arranged the whole thing unless he's told so. (In other words, it won't do a thing for his trust issues.) And...what do you think the odds of that happening are?

[davewri]

Way to go Will!

This might not ever get to court, but it will send shockwaves thru the family. Actually getting emancipation is highly unlikely (this is fiction), but the threat of taking this so far will get everyone's attention. What Will has told his new attorney about the child porn and his mother's intentions to use it has to be cause for some legal action. Tish might be the person in Will's life to help him cope.

[PrivateTim]

What Will has told his new attorney about the child porn and his mother's intentions to use it has to be cause for some legal action.

 

And any competent attorney would argue that Jeannie was merely using it as a tool to stop Will's promiscuity, especially with people over the age of 18. If you add up how many people Will has already had sex with at barely the age of 14 and how many of them are over 18, it might be a compelling argument especially when the other adults in Will's life have done nothing to curtail his sexual escapades and in some cases, enabled them.

 

Stop me if I am wrong, but we are still less than six months from Will's kidnapping and sexual abuse in Paris and his naked pole dance in Rome. It would be very easy for a lawyer for Jeannie to put on expert after expert about how Will is suffering post traumatic stress and all his erratic behavior (naked pole dance, promiscuity, underage drinking, running away, destruction of ten's of thousands of property, etc) is a cry for help and Jeannie was using the only tool she could think of to shock the adults in Will's life to look at his behaviors and get him help.

[MJ85]

So... "any competent attorney", would simply overlook the fact that she ordered the creation of what amounts to kiddie porn, let alone allow her to use it for her arguments.

 

Ummmmm.........WHAT????????????

[Daddydavek]

The chapter was very thought provoking as this forum has shown. However, I think Will is smarter than we may give him credit for and that emancipation is not his end-game but rather the stick he plans to use to get Brad to see the light. I think his next step is to have a little talk with Steff and have his finances in place. I can't wait to see where Mark takes this.

[centexhairysub]

And any competent attorney would argue that Jeannie was merely using it as a tool to stop Will's promiscuity, especially with people over the age of 18. If you add up how many people Will has already had sex with at barely the age of 14 and how many of them are over 18, it might be a compelling argument especially when the other adults in Will's life have done nothing to curtail his sexual escapades and in some cases, enabled them.

 

Stop me if I am wrong, but we are still less than six months from Will's kidnapping and sexual abuse in Paris and his naked pole dance in Rome. It would be very easy for a lawyer for Jeannie to put on expert after expert about how Will is suffering post traumatic stress and all his erratic behavior (naked pole dance, promiscuity, underage drinking, running away, destruction of ten's of thousands of property, etc) is a cry for help and Jeannie was using the only tool she could think of to shock the adults in Will's life to look at his behaviors and get him help.

 

Okay, I am going to deal with this part first... I talked to my friend in DA's office in San Diego County again and a guy I know that teaches at UT of Austin School of Law; he use to teach at Stanford Law but left about three years ago... They both said that under both state and federal statutes what Jeanine did was aid in the production of and distribution of child porn. They said you can't argue that you produced and distributed child porn for the benefit of the child, unless you are truly psychotic. Secondly, Jeanine has a history of physical abuse of Will that can be documented by the police in Norway and maybe others. Thirdly, if you want to get as convaluted as your argument, they said a prosecutor could argue that Jeanine took Will across international borders to facilitate the production of child porn and could then be charged with human trafficking for the reason of child porn; the fact that Micheal has pictures of JJ from California and then Will and JJ in Norway with another underage male shows it is international in scope. Now, they both said the last deal would be hard to prove but it could at least be charged.

 

Your friend in the DA's office and the private attorney can disagree all they want, but they are wrong. Emancipation does not exist in CA for kids who think they have rotten parents.

 

Emancipation is not the tool that is used to get minors away from abusive parents. And in no way, shape or form does anything that Brad has done rise to the level where a court would consider termination of parental rights. Not even Jeannie is close. For a court to terminate Jeannie's parental rights there would have to be a persistent pattern of abusive behavior and that just doesn't exist.

 

If I remember correctly your DA friend is the one who also said that when Lark jacked off in front of Will, knowing Will was watching, that that would not rise to the level of a charge or Child Endangerment. It makes me wonder what your friend in the DA's office does for them since he does not seem up on the state of the law in CA, especially as it applies to minors.

 

 

No, what my friend said and I verified today was that unless you can prove that Lark knew an underage Will was watching him, you could not successfully charge him for any crime...

 

Both the DA and the Professor here in Texas want to know if you are an attorney or just a layman reading something online and trying to decipher it. The DA says he is not getting into a pissing contest with someone he doesn't know about a fictional story but you are wrong. He says that emancipation would be easy for Will to get from Jeanine because her parental rights could easily be terminated but as I stated in my earlier post it would be much harder to get from Brad and there would be questions of why another familty member wouldn't act as guardian. The Professor says that without going back and getting all the information presented in this scenario he would not argue but he did say that emancipation in California is possible for a minor without parental consent. He says that if a judge decides that the behaviour of the parent is so ergregious that they can terminate parental rights and emancipate the minor, he says that Jeanine's behaviour clearly already fits this standard....

[centexhairysub]

The chapter was very thought provoking as this forum has shown. However, I think Will is smarter than we may give him credit for and that emancipation is not his end-game but rather the stick he plans to use to get Brad to see the light. I think his next step is to have a little talk with Steff and have his finances in place. I can't wait to see where Mark takes this.

 

Regadless of my previous post, I agree with Daddydavek; I don't think that emancipation is Will's endgame. He is going to use this to shake up Brad and try to get him back on track. I think Will feels that Brad has left him with no other option but to involved the family and outsiders in this dispute to get Brad to see the seriousness of his mistake...

[Westie]

You do not want to live with your parents. Your parents do not mind if you move out. (my emphasis)

 

Well, though this was the point of what the Lawyer said to Will though wasn't it?

 

“What if my father doesn’t agree?”

 

“I think that we can work up a deal where you agree to forego any actions against this former employee, against your mother, and against him and your, uh, Pop, for endangering you. If he doesn’t go for it, we explain it to a judge, and see what he says.”

 

I think what the Lawyer is saying here is that they might be able to ensure his father grants his agreement, using the fear of a scandal. The emphasis is on avoiding the court battle and getting everyone to sign off on it. It wouldn't be that hard to show that Jeanine doesn't have the mental competence to object surely?

 

My view is though that JP will step in long before this goes toward emancipation. The fact is that Will's sexual escapades and the fact that he has such emotional damage would show him to be an unstable young man. Will wouldn't want to risk being removed from his family only to be placed into some kind of care; but if JP suggested to Will that he would take guardianship over him, I'm pretty sure Will would sign off on it.

 

I'm pretty sure he would sign off on his Aunt Claire too, however I think that the friction this would cause within the family (that one sibling had taken the other siblings child) would be too great, whereas the parent riding in to correct a mistake would be more palateable.

 

This does however have the potential to blow the family apart. I can see a huge split here. A major family war, where everyone will come out a little scarred and damage will need to be repaired. Examples: His shareholding notwithstanding, Stef could remove Brad from his positions at their investment firm and at triton, if he felt that brad's judgement was impaired.

[Mark Arbour]

Well, though this was the point of what the Lawyer said to Will though wasn't it?

 

 

 

I think what the Lawyer is saying here is that they might be able to ensure his father grants his agreement, using the fear of a scandal. The emphasis is on avoiding the court battle and getting everyone to sign off on it. It wouldn't be that hard to show that Jeanine doesn't have the mental competence to object surely?

 

My view is though that JP will step in long before this goes toward emancipation. The fact is that Will's sexual escapades and the fact that he has such emotional damage would show him to be an unstable young man. Will wouldn't want to risk being removed from his family only to be placed into some kind of care; but if JP suggested to Will that he would take guardianship over him, I'm pretty sure Will would sign off on it.

 

I'm pretty sure he would sign off on his Aunt Claire too, however I think that the friction this would cause within the family (that one sibling had taken the other siblings child) would be too great, whereas the parent riding in to correct a mistake would be more palateable.

 

This does however have the potential to blow the family apart. I can see a huge split here. A major family war, where everyone will come out a little scarred and damage will need to be repaired. Examples: His shareholding notwithstanding, Stef could remove Brad from his positions at their investment firm and at triton, if he felt that brad's judgement was impaired.

 

You made my point for me. Emancipation can only go forward in this case if Brad agrees with it, much as his lawyer said. Will and his attorney are banking on the fact that there's been enough crap over the past few months that Brad will decide he's not on solid enough ground to fight, especially when the other guardian is in the mental hospital (again).

 

Will doesn't want to go running off and join a commune. What he wants is to be treated like an adult, which he isn't. He figures that if he is an adult, he'll actually get the consideration on decision-making that he thinks he deserves. What he's doing is announcing to everyone that he's tired of being a pawn, and that from now on, he's in charge of his own life, and no one else.

Edited August 13, 2012 by Mark Arbour

[rjo]

I must agree that Will has been through a lot of difficult situations in the last six months. Only now he has found someone to talk to. What has bothered me from the time of the kidnapping is the reaction of members of the family. Jeanine acted if nothing had happened at all. I also thought that Stef letting a 13 yo go to a gay club was asking for trouble. None of these people have been blameless. The only innocent ones seem to be Claire, Wade, and maybe J P. Brad believed what is good for the group is good for everybody. This is one time he is dead wrong. In not focusing in on Will's needs, he is making wrong decisions. You can argue that Jeanine is mentally ill, that she is, but she is dangerous to the family. Whether it is Michael who took the pictures and Jeanine found out or she directed Michael to take them both are wrong. She is still guilty. Brad's problem is that he is letting the past dictate the present. What happened with his mother and with Isidore is clouding his vision. As for Will, he is using harsh actions to get the reaction he wants. Some of the things he has done have been over the top but he is learning. Private Tim feels Will is spoiled and out of control, which at time he is, however, sometimes you have to standup for your rights and what is right. That is how I see Will. Two things he needs to learn. Pick your battles and measure your responses. I don't feel that Will should be emancipated but he should not have to live in fear.

[PrivateTim]

Both the DA and the Professor here in Texas want to know if you are an attorney or just a layman reading something online and trying to decipher it. The DA says he is not getting into a pissing contest with someone he doesn't know about a fictional story but you are wrong. He says that emancipation would be easy for Will to get from Jeanine because her parental rights could easily be terminated but as I stated in my earlier post it would be much harder to get from Brad and there would be questions of why another familty member wouldn't act as guardian. The Professor says that without going back and getting all the information presented in this scenario he would not argue but he did say that emancipation in California is possible for a minor without parental consent. He says that if a judge decides that the behaviour of the parent is so ergregious that they can terminate parental rights and emancipate the minor, he says that Jeanine's behaviour clearly already fits this standard....

 

I am an attorney. Maybe the Professor needs to get out of the classroom and into a court room. I could flood you with case law where parents with abuse 50x worse than Jeannie did not have their parental rights terminated. Will is this 14 year old "with the body of an 18 year old" and they are going to go into court with a single account of where Jeannie scrathed and bruised Will's wrists and that is abuse severe enough to remove her parental rights? God why can't I face people like the Professor in court.

 

Ca Fam § 7122 is black letter law in CA. Perhaps your DA friend should read it and In re Olivia A. (1986) so he understands his obligation under the law. Do I need to drop Bonnie an email about further legal education for her peeps?

[Mark Arbour]

I am an attorney.

 

That just explains so much.

 

We'll plead with the court for some poetic license in this situation.

Edited August 13, 2012 by Mark Arbour

[Westie]

I am an attorney. Maybe the Professor needs to get out of the classroom and into a court room. I could flood you with case law where parents with abuse 50x worse than Jeannie did not have their parental rights terminated. Will is this 14 year old "with the body of an 18 year old" and they are going to go into court with a single account of where Jeannie scrathed and bruised Will's wrists and that is abuse severe enough to remove her parental rights? God why can't I face people like the Professor in court.

 

Ca Fam § 7122 is black letter law in CA. Perhaps your DA friend should read it and In re Olivia A. (1986) so he understands his obligation under the law. Do I need to drop Bonnie an email about further legal education for her peeps?

 

Just a question as a non-expert to an expert, but wouldn't inciting an offender to the production of child pornography for potential blackmail purposes (where one of the potential victims is her son), along with her minor violence and her potential to do further harm, plus her documented mental state be enough to at least suspend her competence to make binding decisions until a court rules her fit?

Edited August 13, 2012 by Westie

[PrivateTim]

Just a question as a non-expert to an expert, but wouldn't inciting an offender to the production of child pornography for potential blackmail purposes (where one of the potential victims is her son), along with her minor violence and her potential to do further harm, plus her documented mental state be enough to at least suspend her competence to make binding decisions until a court rules her fit?

 

It certainly would, which is what I said earlier that given how rare and isolated the incidents have been a court would order mediation and counseling long before they terminated parental rights and remember emancipation and termination of parental rights are two very separate and different things.

 

In CA you can NOT have an minor emancipation without the consent of the parent or guardian. You just can not, it is the law. A granting of emancipation could follow the termination of parental rights, but it is far from automatic, especially with a 14 year old. They are more likely to assign a guardianship in a case like Will's, but for your average Father Tim type kid it would be assignment to a foster home or a group home like Father Tim's.

[centexhairysub]

I am an attorney. Maybe the Professor needs to get out of the classroom and into a court room. I could flood you with case law where parents with abuse 50x worse than Jeannie did not have their parental rights terminated. Will is this 14 year old "with the body of an 18 year old" and they are going to go into court with a single account of where Jeannie scrathed and bruised Will's wrists and that is abuse severe enough to remove her parental rights? God why can't I face people like the Professor in court.

 

Ca Fam § 7122 is black letter law in CA. Perhaps your DA friend should read it and In re Olivia A. (1986) so he understands his obligation under the law. Do I need to drop Bonnie an email about further legal education for her peeps?

 

Okay, I don't know who Bonnie is, I only know the one guy in the DA's office in San Diego County and he works in the special operations division??? So I am not even really sure what type of cases he works but I do know that before he worked there he worked in another jurisdiction dealing with sex crimes. He is either really out of the office or just not taking my calls now over my Star Wars comment but I did go back to the professor. He says firstly he can't believe anyone is getting this worked up over online fiction, but I said it was just the best.... He says the assualt is nothing, just the one case of child porn production and distribution would be more than enough to get Jeanine's parental rights terminated. He did say they would have to go to trial and convict her but under the scenario I outlined that didn't seem to be much of a stretch. He said the fact that Brad knew about the incident and did nothing could also open him up to charges as well depending on the situtation. The prof did say he hadn't been in a jury trial in years but has appeared quite regularly in appelate or supreme court cases on both the state and federal level in the last eight years so doesn't feel he is completely out of touch with the profession...

[rjo]

Every problem and situation has two ways of looking at it. It is also true in this case. There are two courts, one legal, one of popular opinion. This case will not be tried in former but the latter. Will is asking for something greater than the law. He is asking for justice. To him justice is being able to live his life in peace without harassment. Jeanine's actions have shown her to be dangerous and that she will brake the law to get what she wants. Child pornagraphy is a crime in California and else where. I am sure Tim, as an officer of the court, could not over look such an offence. Justice maybe blind but it must also be fair.

Edited August 13, 2012 by rjo

[davewri]

As I said before, emancipation is very unlikely. Will is being very smart in seeking legal advice from someone outside the family. Wade will know soon that Will was asking for a referral to a family law attorney. Sean does not have to tell Wade anything beyond the fact that he got a call from Will. Will just started the ball rolling and it is going to freak out the whole clan. Too many skeletons around to keep this from getting out of hand. I'm sure a family meeting is eventually coming and JP unleashes lightning bolts from the mountain top.