Could This Story Lead To Restricting A Pregnant Woman’s Movements?

Filed in National by on November 26, 2013

First, let me say, that no one in this story comes off looking good, but if you had to pick the biggest jerk it would be Olympic skier, Bode Miller.

Here’s a rough timeline:

Early 2012: Miller and McKenna meet through a matchmaking service. They fall into a relationship, occasionally hanging out on the yacht where Mr. Miller lived at the time. McKenna gets pregnant.

June 2012: Post breakup, McKenna asks Miller to go to an ultrasound appointment with her. Miller texts her that he won’t, because “U made this choice against my wish.”

October 2012: McKenna, a former Marine, informs Miller that she’s moving to New York City, since she’d been admitted to Columbia.

December 2012: Miller begins taking action to be involved in his child’s life, accusing McKenna of moving to New York to find a court more likely to grant her custody of their child (which, according to McKenna, he had asked her to abort. Awk. Ward.)

Early 2013: McKenna gives birth to a baby boy and files for custody in New York. She calls him Sam.

May 2013: This happened:

…on May 30, a Family Court referee refused [to grant McKenna custody], rebuking Ms. McKenna for “unjustifiable conduct” and “forum shopping” and making the unusual decision to leave the case in California even though the baby was born and lived in New York.

While Ms. McKenna “did not ‘abduct’ the child,” the court said, “her appropriation of the child while in utero was irresponsible, reprehensible.”

The Family Court in San Diego proceeded to grant primary custody to Mr. Miller. On Sept. 4, as Ms. McKenna described it, choking up, Mr. Miller and his wife came to her apartment, “took the baby out of my arms, dropped it in a car seat and drove away.”

Even though the baby’s name is Sam, Miller and his wife call him “Nathaniel.”

November 2013: A court in New York called BS on the California court’s ruling, noting that “Putative fathers have neither the right nor the ability to restrict a pregnant woman from her constitutionally protected liberty.”

Is your head spinning?  Mine is.  WTH, is up with changing the baby’s name?  Spite? But, putting aside all the drama, here’s what caught my attention:

While Ms. McKenna “did not ‘abduct’ the child,” the court said, “her appropriation of the child while in utero was irresponsible, reprehensible.”

Appropriation?  Not sure that’s the correct word.  What I do find disturbing is where this could lead.  Could pregnant women find themselves under state/house arrest?  Custody battles are horrific, and I’m not saying Bode doesn’t have a right to see his child, but this appropriation while in utero statement causes me pause.  So… if a pregnant women was transferred to a different state because of her job could she be forced to quit that job and remain in the state?  If she could no longer afford to live in the state where the father lives could she be made to remain there?  And, in this case, a pregnant woman who was accepted into an out of state university should not be able to attend?  Not sure where a ruling like this is heading.  Would this lead to pregnant women, who moved away for any reason, automatically relinquishing custody of the child?

It boggles the mind, and this story is made more difficult because Bode looks like an irresponsible loser whose hobby seems to be impregnating women.

Miller has a daughter named Dacey who was born in February 2008 and a son, Sam Miller with another woman, Sara McKenna. He is currently challenging both mothers for primary custody of his children.

Seriously?  He’s juggling two custody battles?

It should also be noted that the new Mrs. Miller is no prize either.

Ms. Miller, in a blog post on Nov. 16 that was soon taken down, contrasted their “loving and balanced family” with Ms. McKenna’s heavy reliance on child care. [emphasis mine]

Yep, my head is still spinning.  That’s two pregnancies in one year for Bode – three total since 2008.  Guess he doesn’t believe in condoms.  And Mrs. Miller’s comment about relying on child care is just powder of the slope.

So… as far as this specific case goes, my sympathies aren’t with Bode.  He’s an immature, irresponsible jerk who doesn’t deserve custody of any child.  And, he just lost it (for now):

Champion skier Bode Miller lost temporary custody of his 9-month-old son Monday — but he’s still hoping a judge will allow him to take the baby to Russia in February when he competes in the Winter Olympics.

“It’s such a unique, once-in-a-lifetime experience,” the five-time Olympic medalist told The Post after a Manhattan custody hearing.

Yeah, I’m sure a baby will find the Russian Olympics a unique, once-in-a-lifetime experience.  The next hearing will be held on December 9th.

About the Author ()

A stay-at-home mom with an obsession for National politics.

Comments (16)

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  1. Jason330 says:

    What a dick. The Family Court Judge in San Diego is the biggest jerk though. Up until his miscarriage of justice, this was a simple story about an idiot making a crackpot argument that didn’t hold any water.

    The judge sucks.

  2. cassandra_m says:

    That judge needs to find another career. And another country, I think.

  3. Liberal Elite says:

    @p “First, let me say, that no one in this story comes off looking good”

    I missed the part where McKenna doesn’t look good. In your opinion, what were her failings? …going to Columbia?

  4. Karen503 says:

    @ Liberal Elite: re: McKenna not looking good — that would be when she subscribed to a matchmaking service.

    Which brings up the question, WHAT was Bode Miller doing on that matchmaking service? Is he a serial sleazebag? (I realize the answer is rather obvious)

  5. socialistic ben says:

    This is just a question because I do not know the answer. Not at all support/defense of Miller or the judge.
    What ARE a father’s rights regarding a fetus that he is (at least half) responsible for making? If the answer is “none” that’s cool. I’m just wondering what legaleese would even make the judge THINK this is acceptable. (other than the obvious)

  6. pandora says:

    Not at all, but if you read the NYT article there was a comment that made me cringe – McKenna claiming that the reason for the custody battle is due to the new Mrs. Miller wanting to replace her as a mother and that seems to be linked to (in the article) Mrs. Miller’s miscarriage. I found that kinda icky on my first read through. But rereading, you’re probably right – Icky statement aside.

  7. Jason330 says:

    The genetic father abrogated his rights when he skipped ultrasound appointments and said “U made this choice against my wish.”

  8. anon says:

    You want to see disturbing? Check this God damn fiasco out: A woman in New York loses custody of her children because she had an abortion, which was first trimester and f*cking legal:

    A mother-of-two who lost custody of her children because she had an abortion after she was divorced said the process has made her feel like she was ‘beaten and raped’.

    Lisa Mehos, 38, was married to Houston banker Manuel Mehos for five years before they split in 2011. She had sex with a friend a year later, fell pregnant and terminated the pregnancy.

    Now a judge is using this against her and has deemed her an unfit mother, handing temporary custody to her ex husband, who is the founder and CEO of Houston’s Green Bank…

    Lock and load, girls, the war is ON.

  9. pandora says:

    Oh my! Oh my! Oh my! That is crazy, anon. So her abortion was allowed into court but her husband who paid for sex at massage parlors is considered irrelevant? Personally, I think both are irrelevant. This is scary stuff.

  10. anon says:

    A first trimester abortion is LEGAL, paying for hookers is not. How can a woman be stripped of her children for doing something perfectly LEGAL? WTF? I’m freaked out.

    And this wasn’t in Texas or some other ass backwards state, this was in Manhattan, New York.

    I consider this an act of war.

  11. former north country resident says:

    Bode Miller, and his relatives the Kenney family are all assholes. In 2007 Millers cousin Liko Kenney shot a neighboring community police officer 5 times in the back during a routine traffic stop. While the officer was lying in the road dying Millers puke cousin ran over the officer twice with his car. The officer died from his wounds and left behind a 8 year old daughter, and his fiancé. Miller had run ins with the same police officer and laughed it all off. Millers the same guy that blew the winter Olympics one year because he decided to get drunk instead the night before his races. His cousin got what he deserved a former marine witnessed what the puke did, he picked up the officers gun and shot and killed the kid.
    Miller’s a selfish prick who believes he’s above the law, he believes money can buy anything.

  12. socialistic ben says:

    Wait….. a former marine executed someone on the street? Did the cousin get out of his car after shooting… then running over the cop? Did the marine, whom you claim executed an alleged criminal, chase him down after stealing the dead officer’s gun?

  13. Steve Newton says:

    I’m waiting to see if the GOP takes up this incident as a cause to go alongside justifiable rape.

  14. pandora says:

    I would be shocked if they didn’t jump on this, Steve.

  15. We should probably just lock up all the incubators, I’m sorry *women* just in case they’re up to no good.

  16. former north country resident says:

    socialistic ben said
    “Wait….. a former marine executed someone on the street? Did the cousin get out of his car after shooting… then running over the cop? Did the marine, whom you claim executed an alleged criminal, chase him down after stealing the dead officer’s gun?”
    NO, NO, and NO

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