[UUPoly-L] legal issues



Someone commented recently:

1. i have yet to hear of any legal issues in poly groups that cannot
be resolved by careful contracting; and


Unfortunately, in our organization, we hear of them all the time. These things happened to people close to me: purchase of a house for his poly family was challenged by the local Homeowner's Association, on the (erroneous) grounds that their occupancy violated the deed covenants. adding a kitchen for an incoming formerly-LD lover was blocked by the town building codes. My own triad could not title or register in all three names a car we all three paid for, because the Commonwealth of Massachusetts will not let us.

But the most significant problem that couldn't be contracted around is custody/visitation. I don't know of any jurisdiction where the court's perceived "best interests of the child" doesn't trump any agreement parties may have had. For example, say my partners and I signed an agreement that we are all three equal parents of our twins and entitled to shared custody in the event any of us separated. Then, say I broke up with my partners and they were mad at me and disinclined to honor the agreement. I take them to court to enforce the agreement . . . and the court says, "The best interests of these children require that they have only two parents, and I have no jurisdiction in any case to award visitation rights or shared custody to an unrelated party."

Valerie






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