Terri Schiavo's Parents Seek Divorce on Her Behalf

[Troubleshooter]

Ok, 12 more days until the tube comes out, and then we wait for her to expire.

Anyone want to start a pool on how long the civil suits take to start?

http://www.cnsnews.com//ViewNation.a...20050301a.html

Terri Schiavo's Parents Seek Divorce on Her Behalf
By Jeff Johnson
CNSNews.com Senior Staff Writer
March 01, 2005

(CNSNews.com) - Terri Schindler Schiavo's parents have asked Florida's Second District Court of Appeals to grant their daughter a divorce from her husband, Michael Schiavo. They charge him with a conflict of interest based on alleged adultery.

When Robert and Mary Schindler made the plea Monday to Pinellas-Pasco County Circuit Judge George Greer, he refused to accept any new filings in the case that are unrelated to plans for Terri's death.

Greer instructed Michael Schiavo to wait until March 18 to remove his wife's feeding and hydration tube, beginning the process of ending her life by dehydration and starvation. When David Gibbs III, the Schindler family attorney, tried to file some 15 new motions in the case, Greer refused to accept any that were not related directly to Terri's planned death, including the divorce petition.

But Terri's father, Robert Schindler, said the divorce petition must be considered in order to protect Terri from Michael Schiavo.

"We have filed divorce proceedings because of his total disregard for Terri as his wife," Mr. Schindler said. "He's married to Terri, but he's living with another woman and has two children by her.

"It has become quite obvious that his priorities are not what's in Terri's best interests," Mr. Schindler added.

George Felos, Schiavo's attorney, told the Associated Press, "I think everyone knows the parents are going to try anything, including throwing in the kitchen sink, to frustrate the court's final judgment."

But Gibbs countered that for Terri, "Remaining married to (Michael Schiavo) is an embarrassment."

Michael Schiavo announced his "engagement" in 1997 to the woman with whom he has since fathered two children and currently lives. Since that time, he has referred to the woman as his "fiancee" while remaining married to Terri, the Schindlers argue, so that he can continue to deny her rehabilitation and other therapy and to control her estate.

The motions Greer did agree to consider include requests concerning what might be the final days of Terri's life and the period immediately following her death. The Schindler family wants to be able to take photographs with Terri, something Michael Schiavo has forbidden with Greer's approval. They also want some members of the press to be present while they interact with their daughter to document her actual condition.

Robert and Mary Schindler also want Terri to be allowed to die at their home rather than in the hospice where she currently lives. They have also asked that her body be released to them for burial after her death. Michael Schiavo has made arrangements for Terri's body to be cremated immediately upon her death.

The Schindler family is appealing the new motions in Terri's case to the U.S. Supreme Court, as well.

If Terri's nutrition and hydration is discontinued March 18 in accordance with Judge Greer's instructions, doctors expect her to die from dehydration within a week to ten days. She could potentially survive as long as two weeks, long enough for the effects of starvation to set in.

The feeding tube has been removed twice in the past, once for two days and another time for six days.

Terri Schindler Schiavo suffered a brain injury in 1990 under questionable circumstances. Some physicians claim that her condition is a "persistent vegetative state" brought on by oxygen depravation following a heart attack that occurred as the result of a potassium imbalance caused by an eating disorder.

Other doctors have argued that there is physical evidence of an assault or abuse and that Terri's brain injury is the result of that alleged crime. Felos has denied that Michael Schiavo ever abused or assaulted his wife.

[OnyxCougar]

I don't understand what the problem is.

If I were the husband, I would arrange for the parents to take over all care and custody, (and financial responsibility), get a divorce, and be done with it. Move the hell on already.

Unless Terri had a living will (which I don't think she did or this wouldn't be an issue) then IMO, he has no grounds to want to kill her - I mean - let her die. If her parents want to keep her alive and accept that responsibility, then let them. What's the harm in that?

[cjjulie]

Don't you think her parents are holding onto a pipe dream?

[Beestie]

Originally Posted by OnyxCougar

I don't understand what the problem is.

Two problems. One: her husband can't get married till she passes on. Two: Her husband sued when she first went comatose and won $1.3M. The money was placed in a trust fund which he will inherit (the balance of) once she passes. Trust funds are private so I don't think anyone knows the balance.

So, her husband wants her dead. Now.

[OnyxCougar]

Originally Posted by Beestie

Two problems. One: her husband can't get married till she passes on. Two: Her husband sued when she first went comatose and won $1.3M. The money was placed in a trust fund which he will inherit (the balance of) once she passes. Trust funds are private so I don't think anyone knows the balance.

So, her husband wants her dead. Now.

So instead of a divorce, he wants her to die so he can have the money? How much of that trust is going to be left when all her medical bills are paid? Is it really worth all this hassle and bullshit?

This is why you should have a living will.

[Brown Thrasher]

Originally Posted by OnyxCougar

I don't understand what the problem is.

If I were the husband, I would arrange for the parents to take over all care and custody, (and financial responsibility), get a divorce, and be done with it. Move the hell on already.

Unless Terri had a living will (which I don't think she did or this wouldn't be an issue) then IMO, he has no grounds to want to kill her - I mean - let her die. If her parents want to keep her alive and accept that responsibility, then let them. What's the harm in that?

Because if she told her husband what she wanted and they were still married; I feel he should respect her wishes. Sure we feel sorry for the parents and siblings, but at some point you have to let go.... I feel sorry for those all involved. However, I don't think there are many as mean, as to just continue to fight as long as Mike did to have his wife's wishes carried out just to prove a point. The harm is the lady would have lived in a vegetative state possibly for years to come. Some are convinced there is something better in the afterlife. I may be wrong, but I thought you were one that believed in that theory.

[OnyxCougar]

Originally Posted by Brown Thrasher

Because if she told her husband what she wanted and they were still married; I feel he should respect her wishes. Sure we feel sorry for the parents and siblings, but at some point you have to let go.... I feel sorry for those all involved. However, I don't think there are many as mean, as to just continue to fight as long as Mike did to have his wife's wishes carried out just to prove a point. The harm is the lady would have lived in a vegetative state possibly for years to come. Some are convinced there is something better in the afterlife. I may be wrong, but I thought you were one that believed in that theory.

I'm of two minds.

(1) Michael, as her husband, has complete and total legal rights here.

but

(2) We have no proof she really wanted the right to die other than "She said so."

I think that's the crux of the issue for most people (hence, why the importance has been placed on living wills. A living will isn't just about if you want to be DNR, it's also about if you want to continue medical treatment long after you're declared brain dead or whatever.)

If Terri had a living will, there would have been much less issue with this.

But she didn't. All we have is Michael's word. Legally, that's all he needed, and I 100% support that, and think it was wrong of the parents to drag it out this way.

As far as better in the afterlife, yes, I believe there is something better. But let's lay down some what ifs. What if Michael was lying? What if Terri said no such thing, but after it's clear she's PVS, he decided she wouldn't have wanted to live like this, so SAID she made those statements? Doesn't that mean that pulling the feeding tubes is wrong? Clearly, if that is the case (and we'll never know) then Michael is guilty of murder. THAT's what the parents have a problem with. And I don't blame them for that.

So both sides of this issue make sense. It all comes down to if Michael is lying or not.

Our legal system doesn't provide the death penalty for criminals unless 12 people find them guilty without any reasonable doubt, yet it takes one man's word (with no proof) to kill his wife?

There is something very wrong with that.

[Radar]

I hope her parents fail once and for all and this woman is allowed to die. What a great husband she has. He's fought so hard just to carry out her last wishes. It's unfortunate her parents are sticking their noses into this. I realize they love her, but they are violating her wishes for their own greedy reasons to keep a shell of her around.

[Catwoman]

Was it her wish to die of starvation/dehydration over a 2-week period? Did she want to be cremated? If so fine. Otherwise I think the life-giving parents should have more say than an absent husband. See, you should never get married!

[Happy Monkey]

Originally Posted by Catwoman

Was it her wish to die of starvation/dehydration over a 2-week period?

That's been determined to be the ethical alternative to assisted suicide.

[cjjulie]

Originally Posted by Catwoman

Was it her wish to die of starvation/dehydration over a 2-week period? Did she want to be cremated? If so fine. Otherwise I think the life-giving parents should have more say than an absent husband. See, you should never get married!

It may not be her wish to die of starvation/dehydration, but do you really think it is her wish to be in a vegetative state for 14 years?

Cat - marriage is the BEST There will ALWAYS be temptations

[Clodfobble]

Two problems. One: her husband can't get married till she passes on. Two: Her husband sued when she first went comatose and won $1.3M. The money was placed in a trust fund which he will inherit (the balance of) once she passes. Trust funds are private so I don't think anyone knows the balance.

So, her husband wants her dead. Now.

I thought that was the motivation too... but I read an article awhile back on CNN that said the malpractice judgment was more in the realm of 12 million, and that the parents had offered many deals to the husband which gave him as much as 8 million if he would just walk away, and he refused them on the grounds that this was really about the fact that she had told him she would never want to be kept alive artificially. The money is almost all gone now, and he maintains he's never wanted any of it.

[lookout123]

See, you should never get married!

that's a reasonable conclusion. don't get married. you might end up in a coma and your husband and parents will be in court for years.

[Catwoman]

Originally Posted by lookout123

that's a reasonable conclusion. don't get married. you might end up in a coma and your husband and parents will be in court for years.

No one ever thinks of these things when writhing naked in honeymooned bliss. But it could happen to you!

[lookout123]

or you could put away the fatalist attitude and live life. you can't live life not doing things because something might happen.

situations like this are relatively uncommon but serve as a warning to make sure that you have your affairs in order. Trusts, wills, DNR's, etc...