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>>> LET'S BEGIN THIS HALF HOUR
WITH GOLD MEDAL SKIER BODE
MILLER.
HE IS HOPING TO COMPETE IN SOCHI
BUT NOW HE IS IN A FIGHT FOR
CUSTODY OF HIS INFANT SON.
STEPHANIE GOSK HAS DETAILS ON
THAT.
>> OLYMPIC SKIER BODE MILLER
CLUNCHED HIS NINE MONTH OLD NATE
AS HE WALKED INTO FAMILY COURT
IN NEW YORK CITY.
>> WHAT DO YOU EXPECT TODAY?
>> I HOPE THE JUDGE MAKES THE
RIGHT DECISION.
>> BUT IT WAS THE CHILD'S MOTHER
SHE WALKED WITHOUT THE BABY SHE
CALLS SAM.
GRANTED TEMPORARY CUSTODY AS A
COMPLICATED LEGAL BATTLE
UNFOLDS.
THE COUPLE DATED IN CALIFORNIA
OVER A YEAR AGO WHEN McKENNA
BECAME PREGNANT.
SHE CLAIMS THE SKIER WANTED
NOTHING TO DO WITH THE BABY
SENDING HER A TEXT THAT SAID YOU
MADE THIS CHOICE AGAINST MY
WISH.
SEVEN MONTHS PREGNANT THE
27-YEAR-OLD MOVED TO NEW YORK
CITY AND ENROLLED IN COLUMBIA
UNIVERSITY.
WHEN THE BABY WAS BORN, BOTH
PARENTS FOUGHT FOR CUSTODY.
THE NEW YORK COURT CALLED
McKENNA REPREHENCEABLE FOR
MOVING TO THE EAST COAST WHILE
PREGNANT.
THE COURT FINDING IT
UNJUSTIFIABLE CONDUCT.
A FAMILY COURT WAS GIVEN
JURISDICTION.
A CONTROVERSIAL DECISION.
>> WHEN SHE MOVED TO NEW YORK
AND THE BABY BEING BORN IN NEW
YORK, THE JURISDICTION CERTAINLY
SHOULD BE IN NEW YORK.
AND WHAT THE FAMILY COURT JUDGE
DID WAS HE SEEDED JURISDICTION
TO CALIFORNIA.
>> MILLER WAS GRANTED CUSTODY.
THE COUNTY HILL SKIER AND HIS
NEW WIFE VOLLEYBALL PLAYER
MORGAN BECK REGULARLY POSTED
PICTURES OF THE BABY BUT McKENNA
APPEALED THE ORIGINAL RULING
THAT SENT THE CASE TO CALIFORNIA
AND WON.
A PANEL OF JUDGES CONCLUDED SHE
HAD EVERY RIGHT TO MOVE TO NEW
YORK CITY WHILE PREGNANT.
THE WOMEN'S RIGHTS GROUP THAT
BACKED HER WORRIED THE CASE
WOULD SET LEGAL PRECEDENT FOR
ALL PREGNANT WOMEN.
>> THE ISSUE IS WHETHER A WOMAN
BECAUSE SHE EXERCISED HER RIGHTS
TO TRAVEL, TO GET AN EDUCATION
CAN BE DENIED ACCESS TO A COURT
OF PROPER JURISDICTION.
>>> NEXT MONTH, BOTH PARENTS
WILL BE IN COURT FIGHTING FOR
CUSTODY.
THEIR BABY STILL CAUGHT IN THE
MIDDLE.
FOR TODAY, STEPHANIE GOSK, NBC
NEWS, NEW YORK.
>>> LISA BLOOM IS TODAY'S LEGAL
ANALYST.
GOOD MORNING TO YOU.
>> GOOD MORNING, MATT.
>> LET'S TALK WITH THE SIMPLE
IDEA OF JURISDICTION.
SHE MOVED TO NEW YORK WHILE SHE
WAS PREGNANT.
SHE HAD THIS BABY HERE IN NEW
YORK.
WHY WOULD A NEW YORK FAMILY
COURT SEED JURISDICTION TO A
CALIFORNIA COURT?
>> THE LOWER COURT RULING FROM
THAT JUDGE IS REALLY DISTURBING.
IT SAYS THAT SHE WAS
IRRESPONSIBLE AND REPREHENCEABLE
FOR APPROPRIATING THE BABY
MOVING WHEN SHE WAS PREGNANT AND
THAT THE CALIFORNIA COURT WHERE
BODE MILLER ALREADY FILED A CASE
WOULD HAVE JURISDICTION.
AS WE KNOW, THAT'S NOW BEEN
OVERTUED.
JURISDICTION IS NORMALLY WHERE
THE BABY IS BORN.
>> LET'S GO BACK TO THE
STATEMENT YOU JUST ELUDED TO.
THIS NEW YORK COURT IN ISSUING
THIS DECISION ON JURISDICTION
SAID SHE WAS IRRESPONSIBLE AND
HER ACTIONS WERE REPREHENCABLE.
GIVE ME YOUR TAKE ON THIS.
>> THAT'S RIGHT.
PREGNANT WOMEN DON'T HAVE ANY
LEGAL OBLIGATION TO GET
PERMISSION FROM THE FATHER OF
THEIR BABY BEFORE THEY TRAVEL.
THEY HAVE THE SAME RIGHT TO MOVE
STATE TO STATE AS THEY WISH AND,
IN THIS CASE, THIS IS A VERY
SYMPATHETIC YOUNG WOMAN.
SHE GOT A FULL SCHOLARSHIP TO AN
IVY LEAGUE UNIVERSITY AND SHE
MOVED TO NEW YORK FOR THAT
PURPOSE.
>> BUT ON THE OTHER HAND BODE
MILLER IS THE FATHER OF THIS
CHILD.
DOES THE COURT HAVE, I GUESS,
THE REQUIREMENT OF PROTECTING
HIS FATHER'S RIGHTS
LOCATION-WISE AN
GEOGRAPHICALLY.
>> NOT TO THE EXTENT OF
CONTROLLING WHERE HE LIVES.
HE WILL PROBABLY GET JOINT
CUSTODY TO THE CHILD.
HE HAS THE RIGHT TO VISIT HIS
CHILD AND SEE HIS CHILD AS MUCH
AS POSSIBLE.
WHAT HE DOESN'T HAVE IS THE
RIGHT TO CONTROL WHERE THE
MOTHER LIVES.
>> THIS CASE IS GETTING A LOT OF
ATTENTION BECAUSE BODE MILLER IS
A HIGH PROFILE ATHLETE.
HOW WILL WHAT HAPPENS IN THIS
CASE IMPACT OTHER CASES LIKE IT
AROUND THE COUNTRY?
>> WELL, IT'S ALREADY SPAWNED A
COURT OF APPEALS DECISION IN NEW
YORK.
NEW YORK IS A STATE THAT
TYPICALLY SETS PRECEDENT FOR
MANY OTHER STATES.
PEOPLE LOOK TO THE DECISIONS IN