Delaware Liberal

Could This Story Lead To Restricting A Pregnant Woman’s Movements?

First, let me say, that no one in this story comes off looking good, but if you had to pick the biggest jerk it would be Olympic skier, Bode Miller.

Here’s a rough timeline:

Early 2012: Miller and McKenna meet through a matchmaking service. They fall into a relationship, occasionally hanging out on the yacht where Mr. Miller lived at the time. McKenna gets pregnant.

June 2012: Post breakup, McKenna asks Miller to go to an ultrasound appointment with her. Miller texts her that he won’t, because “U made this choice against my wish.”

October 2012: McKenna, a former Marine, informs Miller that she’s moving to New York City, since she’d been admitted to Columbia.

December 2012: Miller begins taking action to be involved in his child’s life, accusing McKenna of moving to New York to find a court more likely to grant her custody of their child (which, according to McKenna, he had asked her to abort. Awk. Ward.)

Early 2013: McKenna gives birth to a baby boy and files for custody in New York. She calls him Sam.

May 2013: This happened:

…on May 30, a Family Court referee refused [to grant McKenna custody], rebuking Ms. McKenna for “unjustifiable conduct” and “forum shopping” and making the unusual decision to leave the case in California even though the baby was born and lived in New York.

While Ms. McKenna “did not ‘abduct’ the child,” the court said, “her appropriation of the child while in utero was irresponsible, reprehensible.”

The Family Court in San Diego proceeded to grant primary custody to Mr. Miller. On Sept. 4, as Ms. McKenna described it, choking up, Mr. Miller and his wife came to her apartment, “took the baby out of my arms, dropped it in a car seat and drove away.”

Even though the baby’s name is Sam, Miller and his wife call him “Nathaniel.”

November 2013: A court in New York called BS on the California court’s ruling, noting that “Putative fathers have neither the right nor the ability to restrict a pregnant woman from her constitutionally protected liberty.”

Is your head spinning?  Mine is.  WTH, is up with changing the baby’s name?  Spite? But, putting aside all the drama, here’s what caught my attention:

While Ms. McKenna “did not ‘abduct’ the child,” the court said, “her appropriation of the child while in utero was irresponsible, reprehensible.”

Appropriation?  Not sure that’s the correct word.  What I do find disturbing is where this could lead.  Could pregnant women find themselves under state/house arrest?  Custody battles are horrific, and I’m not saying Bode doesn’t have a right to see his child, but this appropriation while in utero statement causes me pause.  So… if a pregnant women was transferred to a different state because of her job could she be forced to quit that job and remain in the state?  If she could no longer afford to live in the state where the father lives could she be made to remain there?  And, in this case, a pregnant woman who was accepted into an out of state university should not be able to attend?  Not sure where a ruling like this is heading.  Would this lead to pregnant women, who moved away for any reason, automatically relinquishing custody of the child?

It boggles the mind, and this story is made more difficult because Bode looks like an irresponsible loser whose hobby seems to be impregnating women.

Miller has a daughter named Dacey who was born in February 2008 and a son, Sam Miller with another woman, Sara McKenna. He is currently challenging both mothers for primary custody of his children.

Seriously?  He’s juggling two custody battles?

It should also be noted that the new Mrs. Miller is no prize either.

Ms. Miller, in a blog post on Nov. 16 that was soon taken down, contrasted their “loving and balanced family” with Ms. McKenna’s heavy reliance on child care. [emphasis mine]

Yep, my head is still spinning.  That’s two pregnancies in one year for Bode – three total since 2008.  Guess he doesn’t believe in condoms.  And Mrs. Miller’s comment about relying on child care is just powder of the slope.

So… as far as this specific case goes, my sympathies aren’t with Bode.  He’s an immature, irresponsible jerk who doesn’t deserve custody of any child.  And, he just lost it (for now):

Champion skier Bode Miller lost temporary custody of his 9-month-old son Monday — but he’s still hoping a judge will allow him to take the baby to Russia in February when he competes in the Winter Olympics.

“It’s such a unique, once-in-a-lifetime experience,” the five-time Olympic medalist told The Post after a Manhattan custody hearing.

Yeah, I’m sure a baby will find the Russian Olympics a unique, once-in-a-lifetime experience.  The next hearing will be held on December 9th.

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