News & Politics - Schiavo's Parents Ask Judge To Let Her Divorce Husband

mh67511 · 03-02-2005, 09:29 PM

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Schiavo's Parents Ask Judge To Let Her Divorce Husband

TAMPAFla. - Terri Schiavo's parents asked a Pinellas court judge Monday to allow her to divorce her husband -- in either life or death -- in a court filing accusing Michael Schiavo of adultery and not acting in his wife's best interests.

The filing was one of a flurry of 11 motions filed by Bob and Mary Schindler as they now have less than three weeks to find a legal way to keep their severely brain-damaged daughter alive.

Terri Schiavo is scheduled to have the feeding tube that has kept her alive for 15 years removed March 18 unless her parents can convince an appeals court to block Michael Schiavo again. Michael Schiavo says he will have the tube pulled because his wife once told him she would never want to be kept alive artificially.

David Gibbs, the Schindler's attorney, said Pinellas Circuit Court Judge George Greer has indicated he will not hear the divorce request and five other motions filed Monday -- but that only means that the matters are now on their way to being appealed to the 2nd District Court of Appeal in Lakeland.

Appearing at a rally in Jacksonville with the Justice Coalition, a local victim's rights organization, the Schindlers called on Gov. Jeb Bush to look into the circumstances that led to their daughter's 1990 collapse and asked Attorney General Charlie Crist to look into whether Terri Schiavo's civil rights have been violated.

"We have filed divorce proceedings because of (Michael Schiavo's) total disregard for Terri as his wife," Bob Schindler said. "He is married to Terri, but he is living with another woman and he has two children by her. It has become quite obvious that his priorities are not in Terri's best interest."

Gibbs said the divorce effort is one previously not seen in courts, allowing Terri Schiavo to end her marriage to Michael even after she dies.

"Whether Terri lives or dies, she still has a right to be divorced from Michael," Gibbs said. "Remaining married to him is an embarrassment."

The motion notes that Michael Schiavo has since started a new family and has ordered Terri Schiavo to be kept in isolation at the Pinellas Park hospice where she lives. Those accusations mirror complaints made in the Schindlers' unsuccessful effort to remove Michael Schiavo as his wife's guardian.

On Monday, the couple also filed an appeal to overturn Greer's denial of an indefinite stay while they pursue their last legal options in the long-running courtroom drama. Gibbs said it wasn't known when the appeals court would act on that motion, or how quickly it would respond to the others coming its way soon.

Among the issues raised in those motions, the Schindlers also requested some news reporters be allowed to see Terri Schiavo's interactions with her parents. Although court-appointed doctors have ruled Terri Schiavo is in a persistent vegetative state, her parents and other doctors contend she responds to them.

Despite being an international news sensation for more than five years, no members of the media have been allowed to see her. Gibbs said Greer indicated he won't hear that motion.

Gibbs said Greer indicated he will hear nine other motions dealing with the 10 to 14 days from when the tube is removed to when Terri Schiavo might die.

In anticipation of her death, the Schindlers asked she be allowed her final religious sacraments in accordance with her Roman Catholic beliefs; that she be allowed to die at home and that they be allowed to bury her, rather than the cremation her husband has planned.

In one particularly poignant filing that speaks of the depth of the family's feud, the Schindlers ask that they be allowed to take pictures with their daughter before she dies and that those photographs not become Michael Schiavo's property -- as a current court order now requires.

George Felos, Michael Schiavo's attorney, called the new motions little more than an attempt to clog the case with further delays. Felos has said even if Michael Schiavo were to divorce his wife, any new guardian would be obligated to remove Terri Schiavo's feeding tube because the court has ruled it is her wish not to be kept alive artificially.

"These are just last-ditch, dilatory tactics," he said. "I think everyone knows the parents are gong to try anything, including throwing in the kitchen sink, to frustrate the court's final judgment and Terri's wishes."

What I don't understand is, when they remove the feeding tube, how long until she dies? It's not like flipping off the switch of a machine and their heart slows down and stops. It seems to me like this would basically starve her to death which in my opinion is torture. But maybe that's not how it works?

Michael Schiavo is disgusting. He doesn't have any respect for her Catholic beliefs of how she should be treated after death (buried not creamated). I also don't understand why the spouse can overrule the family. The are her FLESH AND BLOOD, he is not. The only thing that connects him to her is a piece of paper; he certainly has no respect for his marriage vows. He is after her money, plain and simple. He shouldn't get a penny.

He has even been able to DRAW MONEY from HER malpractice fund, to pay for his legal expenses incurred while TRYING TO END HER LIFE. How does that make sense?

Lain · 03-03-2005, 12:04 AM

If I were to give my comments on this, it would take you guys at least ten minutes to finish reading it. But I'll make it short...this guy is screwed. If you have another family of your own, just divorce her!! What are you gonna do with two wives?!? Kinda like that cow article when the old man screws a cow and we come to find out he has a wife and a girlfriend....

These men are just pimping are they?

MarvelRoswell · 03-03-2005, 12:36 PM

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Originally Posted by mh67511

What I don't understand is, when they remove the feeding tube, how long until she dies? It's not like flipping off the switch of a machine and their heart slows down and stops. It seems to me like this would basically starve her to death which in my opinion is torture. But maybe that's not how it works?

That is basically how it works. After the feeding tube is removed, no food or water can be given to the patient. It depends on the person's body, how well they have been taken care of up to the point when the tube is removed, on how long the patient survives after that. Usually it takes a week and half to two weeks before dehydration takes it toll on the body and the body gives out.

Papri · 03-04-2005, 08:36 AM

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Terri Schiavo is scheduled to have the feeding tube that has kept her alive for 15 years removed March 18 unless her parents can convince an appeals court to block Michael Schiavo again. Michael Schiavo says he will have the tube pulled because his wife once told him she would never want to be kept alive artificially.

His wife told him once that she didn't want to be kept alive artificially, but it took 15 years to actually do something about it? In that time it's no surprise that her parent's have become against the idea of removing the tube - surely he should have brought up the issue when it first happened?

And seriously, if he wanted to move on, he should have had the decency to divorce her and then carry on with his life - the fact that he's going against her Catholic wishes (planning a cremation, not burial) just about says it all really - about the respect he has for her.

sick little jag · 03-04-2005, 09:56 AM

This case has actually been going back and forth for at the very least a few years. I believe that initially her parents were her legal guardians for some time and her husband managed to get that changed over to him since he is her husband...and it's been going back and forth. He'd already had the feeding tube taken out once before and Jeb Bush pushed forward a law that was declared unconstitutional that forced them to put it back in.

I understand the parent's perspective, I really do. It's really shady that this guy has a whole nother family...he really should just grant the divorce and let her parents take care of her.

I do think it's a bit futile to keep her alive artificially...it's been 15 years and there really isn't any way she's going to recover. While letting her die by way of taking the feeding tube out sounds awful, being kept alive while only being a shell doesn't sound very enjoyable either. It's too bad they don't have death-with-dignity in Florida.

KeithUrbanfan · 03-06-2005, 12:40 AM

yeah I really want him as a husband if something were to happen to me, if I were that other woman I would really take a look at his attitude here and asking myself if I were in the situation what would he do then?

Elizajoey · 03-08-2005, 07:09 AM

What I don't understand is why her parents are fighting so strongly for her to 'exist' in the state she is in. That is no life, it is just an existance. It's been fifteen years and I personally am of the opinion that you should stop her suffering.

I also don't understand why the husband is such a scapegoat. I don't understand why it is wrong of him to have a partner and children. It's been fifteen years where Terri has basically been 'living dead' - why shouldn't he move on because in all seriousness, Terri's existance is basically the same as Michael being a widow.

One last thing - it may be against her 'personal' beliefs supposedly to have a cremation rather than a burial but I grew up around the Catholic Church and it's not against their beliefs to have cremation at all - at least the Catholics in my area, maybe it is different where Terri lives or what particular 'version' she belonged to.

mh67511 · 03-08-2005, 09:41 AM

He wants to have another family and kids but he ALSO wants control over Terri's life. I don't think it's fair for him to have both. It's also strange because at one point he wanted to become a nurse so he could take of her, then all of a sudden he wants to end her life.

He made decisions when this first happened to NOT give her care that could have helped her. Then after she got her settlement he thought it was so important to end her life. If he would say, I want Terri's life to end AND I wont take any of the settlement money, then I would have a lot more respect for him. But up until now, he hasn't said that, so it doesn't really look very favorably on him.

alli balli · 03-08-2005, 12:38 PM

I think the husband wants to do the right thing for the wrong reasons. I do not understand why anyone would keep their wife/daughter on life support for FIFTEEN years. Generally it seems to be out of a religious "respect for life," but if keeping someone artificially alive for 15 years isn't playing God then I don't know what is.

The issue here really seems to be more over money than anything else. I don't blame Michael Sciavo for moving on to another relationship. His wife has been in a vegetative state for 15 years. But it's not right for him to try to keep himself legally entitled to her money or whatever.

last beautiful girl · 03-17-2005, 05:52 PM

Court refuses to act in Terri Schiavo case

There's an update there. It's so sad. The feeding tube is going to be removed tomorrow unless Schiavo can come up with something.

Or maybe they're gonna take it to the Senate again, I don't know. I mean, as long as she's alive, I believe there's hope for her, it could come tomorrow or in five years, but if they remove the feeding tube, there's nothing.

Cantbehrit · 03-18-2005, 08:40 PM

I don't really agree with the idea of keeping someone alive artificially.

With that said, Terry is NOT in a "vegetative state". She can breath & even swallow on her own but the feeding tube is needed to help her. The doctors even asked the first time the tube was removed if they could give her food & water by mouth and the court said NO.

This is CRAZY......her husband needs to go move on. Her parents are willing to be there for her & she is their daughter. Her husband says she mentioned it once before when they were talking. I too have said it & maybe it would be so if I was on a breathing ventalator.

The doctors have said that she is like a 6 month - 11 month old & that she smiles, plays, tries to talk and recognizes her family. These are not the actions of someone in a vegetative state - and she has gotten better over time with more functions.

It will take her about 2 weeks to die of dehydration, sometimes longer. The last time her tube was removed it was replaced 6 days later.

There is also a malpractice sum of money that was awarded to Terry & it is in a trust fund to help pay for her care.

So she has to be starved to death to die & that is sick in my opinion.

Cantbehrit

TokyoNiGHTS · 03-18-2005, 09:04 PM

I can understand both sides of the case. With Michael I think it makes sense that he'd want what his wife wanted. He's not doing anything evil, he's doing what she wanted him to do. With the family, I can understand them not wanting to let their daughter go under any means. I don't think either of them are wrong or right, but if the courts give the rights to the husband in this case, then what he wants should go. If people don't like that then they should fight to change the law.

last beautiful girl · 03-18-2005, 10:13 PM

According to http://www.foxnews.com, the tube's been removed. If it's not replaced within two weeks she's going to die.

It's so frustrating. They have a way to keep her alive, have her keep receiving nutrition. Unless her parents and her husband can come to some kind of agreement regarding her care, then I feel the tube shouldn't be removed. They both love her, one person's feeling shouldn't cloud over the other. Neither is right or wrong.

What is her doctor's professional opinion on this?

mh67511 · 03-18-2005, 10:14 PM

It just seems strange to me that she would have told this to Michael and not her parents. The other thing is, she could have just made a comment about life support and he could have took it to mean that she wouldn't want to be kept alive.

Difficult situation to say the least. I just wish Michael would move on. Her parents are willing to take care of her and they are her parents, they gave birth to her. It just seems unfair that they get so little say in this.

ceilirose · 03-19-2005, 04:01 AM

This is a really sad situation but I don't think the federal government (Congress) really needs to get involved.

From what I've read her brain is filled with fluid and not the brain matter like normal brains. She's fed manually because if you put food in front of her she wouldn't know what to do. Not to mention if she even knows to swallow anymore. It's the law in Florida that her spouse can make the decision. She may very well have told her husband that she wouldn't want to live in that state and not her parents. I could see that scenario happening.

Also for as many people who say that she can be helped there are top neurologists who say that nothing more can be done.

The trust fund money that was won in a malpractice suit is down to $50,000 because of all the legal fees and cost of her care. Schiavo isn't going to get this huge amount of money that has been written about. Right now I think the bulk of her expenses are being taken care of by Medicaid and Social Security.

What is really important in all of this is the the necessity of having a living will no matter what you're age.


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