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Legal Jobs >> Legal Articles >> Legal Daily News Feature >> Custody Battle For Life
  • Legal Daily News Feature
Custody Battle for Life

by Robin Salisian     
01/03/08

Custody Battle for Life
Custody Battle for Life
Peters, who lies in a hospital in a vegetative state, unable to see, hear, talk, move, eat, or think, fell into a coma after a routine brain surgery on October 17.
"I'm 85% changed in my mind now, but I don't know the legality," said Leonard Peters. "I've got to think about it. I've got to talk to my lawyer. I mean, if nothing is working for Javona, I don't see the point now."

Quite a different reaction than his earlier statement: "I don't give life, and I cannot take a life."

Javona lived with her mother in Rhode Island and once a month would visit her father in New York. However, Joseph plans on fighting for full custody so she can decide Javona's fate. According to an attorney representing the mother, "this girl had been living with her mother her whole life, and her mother should determine her fate."

But Steven Miles, a medical ethicist, believes otherwise: "In a contest, the decision should go to who speaks with the most loving and intimate knowledge of the daughter...The mother may have been the main custodian, but that both parents signed consent forms speaks to both their involvement."

The surgery was a ventriculostomy, where doctors drill a hole in the brain and drain fluid into a cavity; however, Javona had an "extremely rare allergic reaction to a routine anesthesia agent."
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