I know the "law" doesn't particularly apply in Storybrooke however Henry is legally Regina's son she adopted him and Emma gave up all parental rights when she gave him up for adoption.

So in the eyes of the law what Emma has done would be considered kidnapping.

It bugs me to no end when because use "the law" and "legally" to argue their points. Cause if Emma were actually able to prove everything Regina has done, there isn't a judge that wouldn't take Henry away from Regina.

That part pissed me off so bad!!! Regina is his mother. She raised him and has a right to know if he is out of town.

Yes, it really kind of bothered me. I mean I understand why but it still mad me so mad. Especially since Gina didn't say anything particularly mean.

afirewiel, what are these "things" Regina has done to warrant Henry to be taken away from her?

I can't seem to recall anything really bad she has done in Storybrooke before the curse was broken. Regina has done nothing to jeopardize the safety of Henry if anything Emma has put him in more dangerous situations than Regina.

In a way I sought of see Reginas point she did raise him and she is more of a mum to Henry then Emma ever was. Imagine you adopted this child form a baby and suddenly in about 11 years later the birth mum tuns up and says she wants her kid back you would be like NO .So I TOTALY get where Regina is coming from she had a right to know where Henry was going.

^^ It's true, Emma has done more reckless things to Henry. If anything Gina was being too safe with him.

I seriously wanted to punch Snow in the face when she said that. Regina is Henry's MOTHER, not just because SHE was the one to raise him and take care of him and, you know, BE A MOTHER to him, she is Henry's LEGAL guardian. Taking a kid across state lines without the permission of their legal guardian? Yeah, that's called kidnapping. Emma just kidnapped a kid, and Snow gets all bitchy about it when said kid's mother asks where he is? What the fuck, people?
Man, I love this show, but the way they portray adoption is really, REALLY offensive. Could they possibly send a clearer message that they believe adoptive parents aren't real parents, you have to be biologically related to someone to be their parent? Jesus.

@afirewiel, I agree so much!

"legally"?! seriously? Mr. Gold brought Henry to Gina.

hey, why do people turn this into an adoption problem? this is so not the case. it's a fantasy show. Here we're talking about an evil queen, a murderer.

she did a lot of messed up things in Storybrooke too. She had sex with Graham while Henry slept next door. She then murdered Graham. She took her child to a shrink and forced him on a treatment, messing up his head.

Excuse me.. but this has nothing to do with adoption. It's bad parenting. gina has a lot of issues. she's really messed up. she should get well first and then think of being a mother. It's not fair for Henry to deal with her madness.

She had sex with Graham while Henry slept next door. Henry walked in on Snow and David! He saw them. At least Gina didn't let him see it, and had Graham slip out the window to make sure he wouldn't.

Excuse me.. but this has nothing to do with adoption. It's bad parenting. gina has a lot of issues Gina has never hurt Henry, as Archie himself said She may hurt everyone else but not Henry. Archie, the psychologist
of the series said she was a good mother.

I know this seems out of place here, but this article by nike75 raises some good points on this matter so I'll post it because it raises a lot of points I very much agree with; This scene where Snow tells Regina that Emma doesn’t have to run anything regarding Henry with Regina just makes me incredibly angry but it also makes me think about why would she do that. Snow isn’t dumb, she knows Cora is in town, she knows that she is pushing Regina towards the edge and there will be hell to pay. And this time she can’t claim not knowing about the consequences. So why?

I think part of her wants to punish Regina for seperating them from Emma. This is her revenge but she would never call it that because she is “good”. And that’s what makes the whole thing so incredibly hypocritical. At least Regina had the guts to call casting the curse what it is - revenge.

And I think another part of Snow is so fucking angry at Regina because she [Snow] wasn’t enough for Regina wanting to change, because Regina never saw her [Snow] as her child the way she does see Henry as her son. Snow has so many mommy-issues when it comes to Regina it’s not even funny anymore.

Not that I expect the writers to do something with that. There will be no exploration of the fact that the motherhood for Snow was forced on Regina when she was - what? - 6 or 7 years older than her. There will be no moment of self-reflection when Snow and Charming look into the mirror and don’t like what they see. There will be only more finger-pointing when Regina teams up with her mother after - again - she is left with nothing to lose, not even hope. And then they will play the “Henry-card” - “How can you disappoint him so much? He believed in you? How can you do that to your son?” - you know, the same son, they just claimed Regina has not even a right to know about his whereabouts.

The writers are painting themselves more and more into a corner and I really have no idea how they will get out of this without destroying half of the characters and the premisse of their own show.

Sure you remember Archie begging gina not to submit Henry to that horrible treatment.

Snow&Charming are married. Gina had a lover, whom she snick out the window, instead of introducing him to Henry and trying to have a civilized relationship.

Oh, and add to the messed up things that gina did the fact that she framed Snow, Henry's grandmom for murder.

and the fact that she tried to kill Emma, Henry's birth mom (though Emma was willing to do the greater thing and give Henry up to gina, only that he could have the better chance). -> Henry almost died because of that.

and that she kept an innocent girl, Belle, locked up in a mental institute. Whom she casually visited with no remorse, just making sure she's still locked up.

I agree completely zanhar1 well said.

@blue-eyes, thank you. Nice to know I didn't type all that and search the depths of tumblr for that article for nothing lol!

Which episode was that? And what horrible treatment? Honestly she never showed any signs of physical abuse or verbal abuse. She was strict yeah, but that was probably because she didn't want to lose him like she did Dan. To be honest it seems like he only hates her because she is the evil queen, based on that picture of him and Regina (in the episode before 'tiny') it seems like he had a good relationship with her.

So what? Just because someone is married doesn't mean it's okay to let their kid walk in on their.. love game Yeah, accidents happen but it's just as bad/embarrassing to be in that situation when your married as it as for an unmarried couple. She snuck him out the window so Henry wouldn't know about their, well, sex. I would assume he knew that there was some kind of relationship going on there, but what was she supposed to say "Hey Henry I'm doing the sheriff!" I think most parents/lovers keep that info to themselves.a

That wasn't a good idea on Gina's behalf I'll give you that one. But Emma did some pretty questionable things too, such as vandalizing Gina's (Henry's adoptive mother's) property and breaking into her office.

Had Emma just left when she was told or at least toned it down Regina probably would not have felt the need to get rid of her. And Mr. Gold's constant 'You'll never actually be a family with her around' thing probably didn't help. Yes killing is wrong, no it shouldn't have been done. But Emma also played a pretty reckless role with Henry that put him in danger (the whole mine episode, a still small voice I think and the trying to leave Storybrook with him near the finale) as well. So in this instance, if we wish to be technical, both are bad parents.

That has nothing to do with Gina's parenting skills, relationship with Henry, or this poll in general. And I don't think we should go into that right now, as we are already discussing something else.

I hope I don't sound like I'm arguing with you. I see this as more of a debate. So if you see it differently let me know and we can end it here.

10 years people... clear answer for this question.

ps. Another reason why i want evil queen back, so that she can teach these people a lesson!

Regina never ran anything by Emma. Why should Emma show her any kind of courtesy when she never did? Regina deserved it, besides she was hiding so she brought it on herself.

Regina didn't run anything by Emma because Emma wanted a closed adoption, as stated before that means Emma wanted nothing to do with him. So legally she didn't have to. Emma on the other hand should have because Gina is his legal guardian. Legally that's how I see it. In regards to treat others how you want to be treated I can understand why Emma shouldn't have to. I would say Cora bought it upon her; Regina didn't kill Archie, he wasn't even dead. Yet they were probably contemplating her execution for something she didn't do. I'd hide too if I was going to be falsely persecuted.

so, yeah! basically, afirewiel said all that was to say.

Again zanhar1 completely agree and your right on point! Couldn't say it any better myself so thank you! :)

Thank you too. And you are very much welcome. ^_^

And I agree with my sister, Claudia! <3 happy to know I'm not the only one who feels like this, 39% is good.

The whole "Gina had sex with Graham while Henry was home" is one of the most bizarre things people try and use against Regina.

Like... your parents have had sex while you were home. Sex doesn't stop happening because children are around. It's not a traumatizing event, certainly not something a mother looses her child over because she does it with someone she is in a relationship with.

And, even if someone where to prove to an outside law source, and they agreed Regina would have Henry taken away, Emma has put Henry in compromising situations as well. She's not exactly miss "fit parent" either.

^^ totally agree. There are a lot of things Regina has done that are real criminal acts; murder, kidnapping ect. Having sex with your significant other while your child is asleep in the other room is not only legal but something any parent with multiple children has done. Those who take issue with that need to remove the rose tinted glasses. Parents have sex just like everyone else.

^^ Thank you! That's what I was trying to say!

Ok. so having sex with your boyfriend without telling your kid about it is totally fine. But murdering him isn't. so LEGALLY gina should be in prison. nowhere near Henry.

Yeah a court heard all of the things she's done and it was proven than there's not a court in this world that wouldn't take Henry away from Regina and have Emma be his legal guardian.

Emma has put him in more reckless danger than Regina has. Regina has never put Henry's life in danger Emma on the other hand has done just that, she wouldn't be considered any more a fit parent than Regina.

^^Actually, no court would give Henry to Emma. Emma, legally, gave up her legal rights to Henry. No court is going to give them back just because Regina is found to be an unfit parent. That's not the way the system works.

Also, Since Emma's been around Henry has
-skipped school
-went digging around alone in an abandoned mine that he knew was dangerous just to prove a point to Emma
-snuck out of his house routinely

And Emma
-kidnapped him (twice)
-has a history of lying and stealing
-was accused of stealing Henry's personal records
-destroyed Regina's personal property

No court in their right mind is going to find Emma OR Regina to be fit parents.

Actually Emma is a much more fit parent. Because one of the things the court would consider is if the parent has ever killed anyone, which Regina has done A LOT of. While Emma is innocent in that area. Also I'd like to note that Henry wasn't in Emma's custody when Henry did dangerous things, he was in Regina's. So that would mean that Regina's not the fit parent for not being aware of all the things Henry has done. Besides the court also takes into account the child's happiness and Henry was not happy with Regina and there are other people in Storybrooke that can back that up, such as Archie and Mary Margret. As far as I'm concerned the court would take Henry away from Regina and give Emma custody.

I definitely think it was wrong... and i am soooo not going to get into the craziness that is in these comments...

The fact that Emma hasn't killed anyone doesn't automatically make her a fit parent. The fact that Henry is happy with Emma doesn't mean the courts are going to give her custody. Henry's happiness is completely irrelevant to the court -- his safety and health are what they focus on. They would look at Emma's past and see that she has never settled down in one place for long, which means she wouldn't be able to provide a stable home for him. They would look and see that she was in jail for stealing -- and then accused of stealing after being released, which means that she hasn't actually be rehabilitated. They would see that she damaged personal property, which means that she has anger issues that could endanger Henry, and that she, again, hasn't actually been rehabilitated. They would see that she kidnapped Henry twice, which means she recklessly endangered him, broke the law, and is unable to provide an emotionally secure environment for him.

You should probably look into what actually happens to children when they are taken away from parents, if you're going to use the "realistically" argument. Kids don't go to the people that want them most, or the people they want to go with. They go with people who are able to provide them the best home life. Which neither Emma NOR Regina can provide.

Considering she's the sheriff and before that she was a bounty hunter so she was working for the law I think they wouldn't look too much into it. Besides Emma does have a stable home now where Henry can live. But we are forgetting he also has a third option, Neal/Baefire.

Except that they're looking into where a child is going to live. If they're going to look into Regina's past to decide whether or not he should be taken away, how does it make any logical sense that they wouldn't look into the past of the woman who wants to adopt him? The fact that she's sheriff would only amplify them looking into it, as she's a law enforcement official, and should be abiding by the law.

Emma also doesn't currently have a stable environment. She's not even living on her own-- she's living with other people. One of whom is, at present, depressed and emotionally unstable.

Neal is a legally wanted man, so he wouldn't get custody either.

And it's not only about being legal or illegal. Regina loves him. She was his mother for 8 years. If you were in Regina's position it wouldn't feel nice to you either....

10 years Regina has had henry she never has put henry in danger or hurt him but henry was mad at her until emma came that confused me because the only thing emma has done is put henry in danger

Henry is Emma's biological son so she doesn't have to ask permission from Regina to take him anywhere.
They didn't know where Regina was anyway.

Before the curse was broken in the first ever episode Emma was wrong to stay because of Henry. Regina has every right to be mad. Emma has no claim to Henry as she gave him up in CLOSED adoption had she legally fought for him back later on in the season then that's different.

If any of Regina's past actions had been known, even in a vague sense which omits the references to magic, she'd never have been allowed to adopt a child. She's murdered, enslaved people through using their hearts, blackmailed children into risking their lives and then abandoned them in a forest when they rejected her, framed her stepdaughter, tried to kill that stepdaughter on multiple occasions.... Even her actions in season 1 in Storybrooke would lead to her losing custody of Henry.