Judge: No forced treatment for Ohio convert
Legal News Center
A state juvenile court judge on Tuesday rejected the request of a Christian convert's Muslim parents to order their daughter to continue chemotherapy for uterine cancer.
The request from the parents of Rifqa Bary does not meet the legal requirement of a medical emergency needing immediate treatment, Franklin County Juvenile Court Magistrate Mary Goodrich said during a hearing.
Goodrich made the ruling at the beginning of what's expected to be the final court appearances by Bary, who remains in foster care in state custody until she turns 18 next week.
Bary wants Goodrich to determine that reconciliation with her parents is impossible. The stakes are higher than a family reunion. If the judge agrees with Rifqa Bary, an undocumented immigrant from Sri Lanka, the girl could also receive a special status allowing her to stay in the country.
Bary underwent successful cancer surgery in May and then was scheduled for 45 weeks of chemotherapy , which would give her an "80 to 90 percent chance" she'd be fine, Omar Tarazi, an attorney for Bary's parents, told the judge.
Instead, Bary stopped the chemotherapy after two or three rounds, deciding she'd been healed, Tarazi said. In a court filing last week, the girl's parents claimed she stopped after visiting a faith healer.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.