Posts Tagged ‘Father’

Take the usual agony of an adoption dispute. Add in the disgraceful U.S. history of ripping Indian children from their Native American families. Mix in a dose of initial fatherly abandonment. And there you have it — a poisonous and painful legal cocktail that went before the U.S. Supreme Court on Tuesday, according to an article in KQED’s Public Media for Northern California on April 16, 2013.

The article which can be read here, tells about the adoption of a 2 year old girl whose biological father is a Native American, albeit, only 2% Native American, and his invoking the Indian Child Welfare Act upon learning that the biological mother had given the child up for an open adoption to a non Native American couple.

The biological father in this case had given up his parental rights but changed his mind after finding out that the mother was unable to raise the child and ripped the child from the adoptive parents custody at the age of 2.  He stated in his objection to the adoption that “I just figured the best interest would be … for [Christy] (the biological mother) to have the full custody of her, but for me to still be in the picture — be able to come visit and stuff.”

This is a sad story and one that I hope the Supreme Court recognizes the best interests of the child caught in the middle of this and does the right thing.  I will be watching for the ruling on this one.

 

On MomLogic from Stacey Doss regarding the California versus Ohio battle for Vanessa Doss Adoption Custody Lawsuit: “The California court has passed the buck and given the entire case to Ohio. The Ohio judge has decided that they will put Vanessa into foster care. The birth father will have night visits with Vanessa.  Vanessa will likely be placed with the birth father’s mother. The California court is vacating its order to keep Vanessa with me as of July 16, 2010. The court chose July 16th to give us time to file with the Court of Appeals in California.  I only have until July 16th to save my daughter.”

This is a case where a little girl who has been living with the only mother she knows since June 2008, may end up in the hands of foster care in Ohio!  How is this in the child’s best interests?  It seems that when the biological mother of Vanessa gave her up for adoption she lied to the adoption agency saying that she had a one night stand and did not know the biological father of the child, enabling her to give the baby up for adoption in Ohio.    Stacy Doss, the adoptive mother from California has been fighting a battle since the biological father came forward to claim his parental rights.

Laws about birth parents’ rights vary from state to state, but in Ohio, the burden is on the biological father to register with the state. A birth father has up to 10 months (beginning a month after his child’s birth) to sign the “Putative Father Registry,” which protects his parental rights in case the birth mother doesn’t identify (or intentionally misidentifies) the birth father.  If Mills signed this Registry, his parental rights are still intact. That doesn’t necessarily guarantee he’ll gain custody, but it means Stacey faces an emotionally difficult and financially draining road to justice. She has hired seven attorneys to fight this case, preparing for the worst. “I’m in big trouble,” she says. “It doesn’t look like California is going to stand up for this baby.”

But why would Mills want custody of Vanessa, considering he has already relinquished custody of his four other children? “That’s what’s so egregious about this case,” says Robin Sax, a momlogic legal analyst and former prosecutor. “While he may be asserting his parental rights, is he really acting in the child’s best interest? Or is he taking advantage of the situation where the judge’s hands are tied?”

I hope that the Ohio court sees that this child is in the best possible hands and allows Ms. Doss to finalize the adoption.  While I feel for Mr. Mills, the biological father, it is my understanding from reading about this case, that he does not have contact with any of his children, has relinquished custody of them and does not support them.  If he truly loves his daughter as he claims, he should do what is best for her and let Ms. Doss adopt her.

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Ted Rubin, husband of Lauren Lippe, speaks about how Long Island wife made life hell – NYPOST.com.

Seems that the Mother in this case has done everything in her power to alienate the party’s daughters from Father.  She has the children telling Father that he might be the biological Father, but their step-father is their actual Father.  The Court agreed with Father that Mother is alienating him and sentenced Mother to serve six alternate weekends in June, July and August in jail while Father has visitation with the girls.

Mother is appealing this decision and remains out of jail while they await the decision.  Even after all of this, according to Father, Mother is blaming him for her going to jail and it is further alienating the children from him.  Mother is still refusing to agree to any kind of settlement regarding the visitation with Father and is making everyone’s lives a living hell.  According to Father, the last thing he wants is for the parties’ daughters to see their Mother in jail.

Perhaps this Mother should not have the primary custody of the parties’ two children.  In California, it is what is in the best interests of the children, and by all accounts, Mother’s actions in this case are not in the best interests of the children.

Ted Rubin

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