Adoption Case Brings Rare Family Law Dispute To High Court

Apr 16, 2013 12:57

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 goes before the U.S. Supreme Court on Tuesday ( Read more... )

adoption, native americans, somebody please think of the children!, supreme court, children

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world_dancer April 16 2013, 19:13:35 UTC
Actually he did want to pay for the kid. He was engaged to marry the mother. He was going to be paying for her and any future kids for the rest of his life. Most of the articles I've seen indicate that SHE walked out on him and broke up the engagement, but I've been trying to avoid mentioning that because it seems a bit too much of a he said/she said situation.

So even presuming this was a mutual relationship explosion, he'd planned to be in for the long haul. The not wanting to pay for the kid, that was likely bittercakes over the whole thing, yeah, and selfishness. I did say I think he'd had an immature reaction. And probably didn't understand all the details of child support (ie there is no easy out). But she was the one who put together all of the paperwork on terminating rights. And then he didn't fight her on it. He didn't behave vindictively and play keep away with the paperwork. He didn't come and bother her about it (they were apparently keeping their distance). Nothing in his behavior indicates revenge.

And then when he found out what the paperwork really was, after having been misled and being in the middle of shipping out so not having time to hold off on the paperwork and talk to anyone or really review it (or at least that's the story I've read), he immediately tried to take the paperwork back. When he couldn't, he did try to sort everything out despite the fact that he was supposed to be leaving and had duties. He filed for custody of his daughter as quickly as possible.

And now as far as I've read, he's married and settled with someone else. Meanwhile he has pursued this case with all diligence and would have invested quite a bit of time and money into it. This is not a rich man who has time and money to spend on revenge. Nor are most wives going to be okay with a man spending all this time and money JUST for revenge on their ex-girlfriends.

I can't vouch for the guy's precise decision making, but his actions support his story and the general truth that he wants his child.

Meanwhile, on the other side, we have a woman who was pregnant and her ex no longer wanted to support her. So she decides upon adoption. Okay, fine. But then she goes out of her way to circumvent specific laws regarding the adoption of her child. The paperwork is filed wrong in order to avoid those laws (which specifically state that if the child goes up for adoption, the child's extended family, and then the child's tribe have first dibs on choosing to adopt the child, very simple law here).

And then we have the adoption service that aids both the woman and the adoptive parents in circumventing both that law, and in taking the child out of state without informed permission (something I read in another article indicated that they would have to file something to remove an Indian child to another state).

It seems very unlikely that the guy is pursuing this just to be mean to his ex girlfriend. And the more I read about this the more it seems that the adoption was shady and that the people who support the adoptive couple have done everything they can to make it seem like the white life is somehow a better life and a life as a Native American is a lie.

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frelling_tralk April 16 2013, 19:43:15 UTC
Actually he did want to pay for the kid. He was engaged to marry the mother. He was going to be paying for her and any future kids for the rest of his life. Most of the articles I've seen indicate that SHE walked out on him and broke up the engagement,

I'm not sure what the true story is in that case, but this article does mention that one fact beyond dispute is that Dusten did text Christy that he was giving up his parental rights and would not support the child? Possibly the reason he later changed his mind and filed for custody is because he assumed the biologicial mother would be raising their child and he would still have contact with them, and then when he heard about her being put up for adoption that made it less likely that he would be playing much of a role in her life

Still I can understand people saying that he doesn't exactly come off as father of the year here if he wasn't interested in providing any financial support to the mother of his child, and just wanted an arrangement when he could vist occasionally and play Dad that way

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jenny_jenkins April 16 2013, 20:59:48 UTC
It's irrelevant that they were going to be married or that he would have supported her in that case.

Edit: grammar fixed, sentence lengthened.

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bestdaywelived April 16 2013, 22:55:03 UTC
Where are you getting this from? He has ADMITTED to telling her he didn't want her in his life and he wouldn't support the child.

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kittenmommy April 16 2013, 23:32:41 UTC

Thank you!

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ginger_maya April 17 2013, 13:05:01 UTC
Are you being deliberately obtuse? He TEXTED her, he didn't even call her personally, to tell her didn't want to SUPPORT the child and was giving up parental rights. As far as I am concerned that act alone shows he should never, ever have access to that child again.

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