On today’s episode of AMC, Tad took Kathy home to live with him and his dysfunctionally fun family (Krystal, newly-minted Gen-X’er Colby and baby Jenny) after he was finally released from the hospital with a really bad case of lead poisoning. At the Martin homestead, he set the little girl up in her own room, with her toys and a stuffed animal given to her by her “Mother” (and she wasn’t talking about Julia), even letting her pick out the color they would paint this little girl haven.
So… Tad just swooped in and took Kathy home after telling her he was her daddy and she just accepted it? And, better yet, everyone in town just accepted it?!?! No court filings claiming parental rights? No DNA tests proving Tad and Kathy share the same double helix? He didn’t have to go before a judge, file papers with the court, make a statement under oath, that Kathy was actually Kate?
And Maria Santos, legal guardian to Kathy Mershon, just let him?
Um… WTF?
Are you kidding me? It’s that easy for Tad to take his and Dixie’s child home? Despite the legal guardianship of little Kathy by Maria? Bestowed on her, again legally, by Julia Santos? Who was also the legal guardian of Kathy? In the eyes of the law?!?!
Haven’t we seen real life situations such as this? People have to hire $500 an hour lawyers, who are trained in family law so I’m guessing former DA and current criminal defense attorney Jackson Montgomery might be out of his element here, to file a claim of parental rights with the court. Then they must appear in court and plead their case. Then the judge will render a decision. And if that decision is favorable to the “Petitioner”, the judge decides how to proceed, generally by ordering medical tests done on the “Petitioner” and the minor child in order to prove the “Petitioner’s” claims. Then… well, despite what All My Children, the CSI franchise and the Law & Order shows would have you believe, DNA results don’t come back mere seconds after they’ve been input into the fancy-shmancy DNA printer thingy…
This would require months of legal filings, motions and counter-motions (if Maria wished to keep custody of Kathy), then several weeks of just sitting around waiting until the results of the DNA tests came back, while Kathy could be in California with her legal guardian, or as a ward of the state.
And even then, if the judge so deemed it, since it was in writing that Julia was Kathy’s legal guardian, as evidenced by the LEGALLY BINDING WILL of Kathy’s adoptive mother, and Julia indicated that she made Maria the legal guardian of Kathy, should anything happen to her (like the writer’s killing her off) custody of the minor child could have stayed with Maria Santos-Grey! (of course, as Kathy would have been biologically proven to be Tad’s daughter, I would imagine Tad would have filed for custody, which could have resulted in more legal maneuvering for everyone involved)
But, apparently, Pine Valley does not adhere to the laws of the rest of the county. You say that kid is yours? Hey, no sweat, take her home! No pesky legal fees, filings or decisions for you to worry about here!
The scenes between Michael E. Knight and Alexa Garasimovich have been wonderful, there is no doubting that. And who doesn’t love that Tad found his and Dixie’s lost child? (too bad Dixie can’t be awakened from a coma with the news that “Kathy is your Kate”, though) But, come on… is it so hard to do even a little research?
Really… WTF?*
*thanks to Tracy for initially bringing this WTF? moment to my attention.
Filed under: All My Children, soaps | Tagged: Alexa Garasimovich, Colby Chandler, Dixie Cooney Martin, Jenny Martin, Julia Santos, Kate Martin, Kathy Mershon, Krystal Carey, Maria Santos, Michael E Knight, Pine Valley, Tad Martin | 7 Comments »