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@rumplegoldfan wrote:
@hjbau wrote:
The criminal history is a juvy record and should not even be seen by the judge so that should not be taken into consideration at all.
Just as an FYI . . . when it comes to adoption (and that would be what would have to happen – Emma would have to adopt Henry even though she is his biological mother) there is no such thing as a juvy record not being taken into consideration. Every member of a household that an adopted child will be living in must undergo a criminal background check – including minors (over the age of 12 I believe – age may vary by state), and ALL criminal history must be disclosed. It’s been awhile since I went through all of this but I believe they even get into whether you have ever been arrested for something regardless of whether you were convicted. So if Emma is still living with MM, MM will have to undergo a criminal background check including fingerprints, etc. and she would have to disclose that she was arrested for murder.
Also as far as I can tell I don’t believe MM’s apartment meets the requirement for suitable housing for a child. There are square footage requirements which I’m guessing they would meet but I don’t think they have any actual bedrooms. A bedroom would be required for Henry, especially since MM lives there. No way is a social worker allowing a male child to sleep out in the open with a non-family member of the opposite sex present (because they wouldn’t know she really is a family member).
It’s amazing the hoops you have to jump through for adoption. We were adopting from a foreign country and they have body weight limits so that people who are overweight can’t adopt. You also have to go through physical exams and they are very picky about any kind of medical conditions and medications that are taken. If you are taking an anti-depressant, even if you have a note from a physician saying your depression is completely under control, you are out of luck – there is no way you can adopt from many foreign countries.
You also need to have at least 3 personal references from non-family members who have known you for a certain amount of time (in our state I think it was 5 years). Given Emma’s history of not putting down roots and not making friends I doubt she could come up with these.
I’m glad you mentioned that. One of my mother’s friends just recently adopted a baby boy, and she had to jump through so many hoops to meet the proper requirements. She had a perfect criminal record, made a decent amount of money and had a stable household. But the adoption agency still gave her a hard time. So, if we’re going to base Emma’s adoption case on reality, there’s no way she’d be able to get custody of Henry.
However, if Emma can prove that Regina framed MM for murder, then she could at the very least get Henry put in either foster care or MM, David or Kathryn can take care of him.
[adrotate group="5"]Wow, those are a lot of requirements. Somehow since we are in the land of fairytales I doubt the writers will take all those requirements into consideration.
I am sure Archie will have to make a statement, verbal and written, they may count the number of times Henry has run away too. Kids don’t normally run away for no reason. It may just be anger and then they come back home, or it is deeper than just anger and then they may not come home.
Sometimes when a story is written the writers don’t always see the negative side to lines they create.
I found the line intense. Emma said to Ragina that she knows that Ragina owns the game. Like stated earlier, Emma is smart, she will figure something out ( even if it isn’t reality here).@rumplegoldfan wrote:
@hjbau wrote:
The criminal history is a juvy record and should not even be seen by the judge so that should not be taken into consideration at all.
Just as an FYI . . . when it comes to adoption (and that would be what would have to happen – Emma would have to adopt Henry even though she is his biological mother) there is no such thing as a juvy record not being taken into consideration. Every member of a household that an adopted child will be living in must undergo a criminal background check – including minors (over the age of 12 I believe – age may vary by state), and ALL criminal history must be disclosed. It’s been awhile since I went through all of this but I believe they even get into whether you have ever been arrested for something regardless of whether you were convicted. So if Emma is still living with MM, MM will have to undergo a criminal background check including fingerprints, etc. and she would have to disclose that she was arrested for murder.
Also as far as I can tell I don’t believe MM’s apartment meets the requirement for suitable housing for a child. There are square footage requirements which I’m guessing they would meet but I don’t think they have any actual bedrooms. A bedroom would be required for Henry, especially since MM lives there. No way is a social worker allowing a male child to sleep out in the open with a non-family member of the opposite sex present (because they wouldn’t know she really is a family member).
It’s amazing the hoops you have to jump through for adoption. We were adopting from a foreign country and they have body weight limits so that people who are overweight can’t adopt. You also have to go through physical exams and they are very picky about any kind of medical conditions and medications that are taken. If you are taking an anti-depressant, even if you have a note from a physician saying your depression is completely under control, you are out of luck – there is no way you can adopt from many foreign countries.
You also need to have at least 3 personal references from non-family members who have known you for a certain amount of time (in our state I think it was 5 years). Given Emma’s history of not putting down roots and not making friends I doubt she could come up with these.
Just a gut feeling I’m sure they’ll make it difficult for Emma to get custody but I don’t think those steps make for very good television so I’m guessing will see a simplified process. There’s plenty of other ways to make it difficult for Emma that’ll be more entertaining. I’m sure they’ll bring up the Julie record and MMs arrest but something’s gonna happen to accelerate the process. I’m thinking memories will start coming back before the custody war gets settled
I still think that based on the exchange between Mr. Gold and Regina in episode 8, Regina didn’t legally adopt Henry. Instead, I think that Regina hired Mr. Gold to procure a child for her under-the-radar. Recall when she said that Henry wasn’t Emma’s child, not legally anyway. Mr. Gold said that she was trifling with technicalities. That makes me think that Mr. Gold, who’s great at getting what he wants via the subtle points of a contract, wanted Regina never to have any real legal claim to Henry. Regina never adopted Henry legally, and so Emma, as the birth-mother, would still have a priority claim for custody over her biological son, Henry. That is going to be the major loop-hole that makes it possible for the writers to skirt around the complicated, often multi-year process of legal adoption, and give Emma full custody rights over Henry. Mr. Gold has never been a true ally of Regina’s, as demonstrated in episode 19. The best way to get back at Regina, who is the miller’s granddaughter who got away in the original Rumpel fairytale, is to take away Henry. Also, Mr. Gold likes Emma and has a vested interest in her future, since she is the savior to break the curse.
"That’s how you know you’ve really got a home. When you leave it, there’s this feeling that you can’t shake. You just miss it." Neal Cassidy
@slurpeez108 wrote:
I still think that based on the exchange between Mr. Gold and Regina in episode 8, Regina didn’t legally adopt Henry. Instead, I think that Regina hired Mr. Gold to procure a child for her under-the-radar. Recall when she said that Henry wasn’t Emma’s child, not legally anyway. Mr. Gold said that she was trifling with technicalities. That makes me think that Mr. Gold, who’s great at getting what he wants via the subtle points of a contract, wanted Regina never to have any real legal claim to Henry. Regina never adopted Henry legally, and so Emma, as the birth-mother, would still have a priority claim for custody over her biological son, Henry. That is going to be the major loop-hole that makes it possible for the writers to skirt around the complicated, often multi-year process of legal adoption, and give Emma full custody rights over Henry. Mr. Gold has never been a true ally of Regina’s, as demonstrated in episode 19. The best way to get back at Regina, who is the miller’s granddaughter who got away in the original Rumpel fairytale, is to take away Henry. Also, Mr. Gold likes Emma and has a vested interest in her future, since she is the savior to break the curse.
But I’m thinking Emma still willingly gave him up I think that means she still gave up her parental rights? I’m no expert on the subject so I don’t know if that means it’ll still be a process to get those back? But I do have a feeling that there’s some kind of loophole with Regina’s adoption process.
steliokontos, that last post of yours needs to be hidden with spoiler tags!
Don’t you love it when you spend ages getting the wording just right in a post and then the page doesn’t load properly when you hit submit and you lose the whole thing. Grrrr, who wants custody of my stupid computer?
@Phee wrote:
steliokontos, that last post of yours needs to be hidden with spoiler tags!
Don’t you love it when you spend ages getting the wording just right in a post and then the page doesn’t load properly when you hit submit and you lose the whole thing. Grrrr, who wants custody of my stupid computer?
Oops thanks for that I changed it to avoid further damage lol, yeah I’ve been getting loading errors but my iPad seems like it saves what I tpe so I haven’t lost anything yet!
So then, by the end if this episode we can currently throw legal papers out the window as Ragina will be calling a kidnapping since Emma just drove away with Henry.
@FairyTalePrincess wrote:
So then, by the end if this episode we can currently throw legal papers out the window as Ragina will be calling a kidnapping since Emma just drove away with Henry.
Well that’s far more interesting I loved where they went with Emma going for custody, I don’t think Henry will let Emma go she can’t. I’m stumped as to what will make Emma believe now. Hatter will come back next episode apparently maybe he’ll have a way.
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