Something that I've been wondering...

[skippylikes.livejournal.com]

Does anyone actually think Jeanne would come back for Cody? 

I've been reading all of the fics and it seems everyone is quick to go for the happily ever after appeal of Zach/Shaun and Cody, however they have to have that thought lingering for them. Zach has to be worried that after everything he's put into this family that one day it may all just disappear....that thing with Allen will end in the same way that all of Jeanne's other seemingly numerous relationships have. They have to be aware of the fact that Jeanne and her perpetual fear of being alone will one day come back to claim the undying unconditional love of her son when it feels that there's nobody else.

Those thoughts got me thinking about how Cody would respond...to me it's obvious that Cody would be hesitant to leave Zach, who for all intent and purpose has been his father for his entire life.That Cody would choose Zach over his mother, but at the same time, being well below the age of consent, while his opinion would be considered it would not be the final word.Would they go to court? Would Zach and Shaun be that willing to fight for their family? Or would they give in willingly, having known that this might happen? Especially in their situation. How many courts would award a child to a gay couple over his biological mother? 

I think that there's an amazing amount of story to be told here and one that is substantial enough to really allow for a sequel...one that would be political, powerful, evocative and should they get the same cast...incredibly well acted.

Comments

[seleneheart]

Being a former family law attorney (in Texas, though, not California), the mandate of the family courts is to do what is in the best interest of the child, not the parents. If it has been shown that Zach has been responsible for Cody his entire life, and that Shaun and Zach have had the sole caretaking responsibility for him over a long period of time, then the odds of them getting custody of Cody are extremely good.

In Texas, when a child is at least twelve, they can file an affidavit of choice of conservator. The court doesn't have to follow the child's wishes (still a child, after all), but it is something the courts can consider.

Children do best in stable homes with support and continuity. The courts do the best they can to ensure it.

[skippylikes.livejournal.com]

It's great to see a really well informed opinion on the actual law aspect of it. I too have faith in the courts and hope that they would do the right thing and award Cody to the most beneficial parent from all aspects. I just think that the story would be one worth telling and one that I would enjoy seeing. Especially if all of the characters reprise their roles. Even though I watch Shelter weekly, I miss Zach and Shaun :(