Divorce: Who gets custody of the kid(ney)?

[arnisador]

Husband demands money for kidney

A Long Island surgeon embroiled in a nearly four-year divorce proceeding wants his estranged wife to return the kidney he donated to her, although he says he'll settle for $1.5 million in compensation.

Dr. Richard Batista, a surgeon at Nassau University Medical Center, told reporters at his lawyer's Long Island office Wednesday that he decided to go public with his demand for kidney compensation because he has grown frustrated with the negotiations with his estranged wife.
[...]
Batista's a full-time surgeon, who married Dawnell in 1990. They would later have three children and eventually he saved her life by donating his kidney to her in 2001.

She filed for divorce in July 2005, although he claims she began having an extramarital affair 18 months to two years after receiving the kidney transplant, his attorney, Dominick Barbara said.

I assume this is just a ploy to get a better settlement, and I understand his frustration at giving such a gift and then being cheated on (though who knows what the state of their marriage was), but I find it offensive that someone would sue for the return of a body part given as a gift.

As to the lawyer who doubtless advised him to try this legal tactic... :dalek:

 

[celtic_crippler]

Yeah, his wife is scum but it's childish and immature to demand his kidney back. It's not going to happen and he's just lashing out because his ego and feelings are hurt.

 

[CoryKS]

Should have stayed classy. If he had simply accepted the situation and moved on, this would have been an asset in finding someone else - donating an organ shows a large capacity for love and sacrifice. Now, he's known nationally as the jerk who tried to take back an vital organ (presumably the wife would die without it) as part of a divorce settlement.

 

[MA-Caver]

Being a greedy basturd that's for sure.

 

[stickarts]

I am sure he is very angry, hurt, and not thinking very clearly right now. What a crazy situation.

 

[Twin Fist]

he gave her a kidney, she cheated

he shouldnt get the kidney back, but he damned sure better not get the shaft on alimony or any of that other free crap judges love to give women in this country

 

[Carol]

I am sure he is very angry, hurt, and not thinking very clearly right now. What a crazy situation.

I agree Sensei Frank. I'm sure this looks terrible in the media but the impression that I had was that this guy is in a terribloe amount of pain.

 

[Nolerama]

Should have stayed classy...

So true... That's like having those three kids, and during the divorce negotiations, rescinding the semen/eggs used to make those three kids.

Taking the kidney back or getting 1.5 million in compensation? That just opens up a whole new can of worms legally. I wonder if there are any divorce cases like that that have already set a precedent...

 

[arnisador]

Amazingly, this has a martial arts angle (from here):

According to the "Daily News" Batista's marriage to Dawnell was already on shaky grounds. His kidney gave her a new lease on life and after her recovery, she went back to school to earn her masters degree in nursing and then took up Karate. She sustained an injury while attempting to get her black belt and then had an affair with the physical therapist she was working with to get through her injury. That's when the doctor was served with divorce papers.

Hmmmmm, I had a super-hot physical therapist when I was rehabbing my knee from a BJJ injury and she never made a move on me! Next time I'll try Karate.

 

[crushing]

She cheated on him, served him divorce papers, won't let him see the kids and the MM is making him out to be the jerk?

 

[arnisador]

Well, he's demanding the return of her only working kidney, without which she'll die.

 

[Twin Fist]

you can live on dialysis

 

[CoryKS]

Amazingly, this has a martial arts angle (from here):



Hmmmmm, I had a super-hot physical therapist when I was rehabbing my knee from a BJJ injury and she never made a move on me! Next time I'll try Karate.

Don't bother. Been there done that. I think it only works for women.

 

[crushing]

Well, he's demanding the return of her only working kidney, without which she'll die.

Do you think that is what he really wants?

Also, I don't even think it's about the $1.5 milliion. Despite all she has done to him, he seems to be complimenting her by saying her life is worth $1.5 million.

If he were a real jerk, he would demand his kidney back, or settle for $49.95.

:uhyeah:

 

[CoryKS]

There's talk that the couple had been having problems before the surgery, and that he may have given her the kidney in hopes of saving the marriage. On the other hand, if your marriage is sound and your wife is in need of an organ and you don't volunteer one, you better have a really good reason.

Bottom line is, it's a gift. And you don't get to take it back if the other person does something you don't like.