We don't have to have an orifice tear open to make way for a giant head. -DWS What happened instead, because of the initial wrongheaded New York ruling, was that in September, the baby went to live with Miller and his wife in California, after the California court granted him primary custody.(The wife had the bad taste to reportedly put up a blog post, since deleted, in which she said that she and Miller provided a “loving and balanced family,” unlike Mc Kenna, who she said often used child care.) Now the usual gender roles are reversed: It’s Miller who has taken care of the baby for the last couple of months, and Mc Kenna who is trying to get her now-9-month-old child back.

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She has seen him for only 10 days since she had to hand him over, according to her lawyer.

And while the New York appeals court says that New York should take over this case, and Miller and Mc Kenna were due in court Monday for a hearing about custody and visitation, the California courts haven’t given up jurisdiction yet, as the New York appeals court said should happen.

A New York appeals court has already overturned the ridiculous initial judicial order in this fight between Sara Mc Kenna, 27, a former Marine and firefighter now attending Columbia University, and Bode Miller, 36, an Olympic skier.

But the case isn’t over, and it’s the latest fascinating entry in a series of legal challenges by fathers to traditional assumptions about parental rights and child custody.

Everyone has the fundamental right to make this decision for him- or herself.

If you look at this case from Miller’s perspective, though, you can see why he moved aggressively in the California courts once he decided he wanted to play a role in his son’s life.

The old legal problem for single mothers was deadbeat dads.

The new one is fathers who are so eager to assert themselves that they run roughshod over women’s rights.

This is one way in which a pregnant mother and an expectant father simply are different.