Dad’s Rights
I fully understand that there’s more to this story than what was written up in the paper this morning. That’s almost always the case. Still, read the article and think about if anything sounds fishy. Go ahead, I’ll wait.
Now then. Putting aside everything else, the very last paragraph kind of freaks me out:
The Supreme Court said nothing in Nebraska law or the Interstate Compact for the Placement of Children required the state to make sure Ashby had consented before allowing the Blacks to take the boy. The compact regulates adoptions between states.
Does that really mean what I think it means? In somewhat sensationalist terms, it sounds like the State can legally issue a big “Up yours!” to the birth father by simply ignoring him and carrying on with adoption proceedings without seeing what he thinks about the whole thing. Although that may sound implausible—the government wouldn’t do such a thing!—the fact that the birth father filed for paternity two weeks before the published deadline and yet he wasn’t given parental rights seems to support the accusation.
I did some research. The information I found is bizarre. It sounds like the State’s only obligation is to check for paternity claims that have been made prior to the date that the State is asked to give permission for the child to leave the state for the purpose of adoption. Since the birth father made his claim one day after that date, the State’s move was legal and proper. Never mind the fact that the birth father apparently responded well within the timeline required of him by law. Also notable is that the adoptive family came to Nebraska to get the child four days after the birth father made his paternity claim.
My research wasn’t exhaustive, but it sure looks like birth dad got screwed. What’s your take?
The Comments
Karin Dalziel says Sad to say this doesn't March 6, 2010 at 10:53am
Sad to say this doesn’t surprise me at all. Fathers get screwed when it comes to paternity issues all the time - from children being given to mothers by default to cases like this one. It’s changing, but slowly.
Chuck says Not quite... March 6, 2010 at 11:52am
Dad didn’t get screwed nearly as much as you think. If you read the decision, you see that dad was fighting the adoption in Alabama. Which makes sense, cause that’s where the kid and adoptive parents were. Then he SETTLED and gave the kid up! Then he came back to Nebraska and tried to sue the state for money. He gave the kid up, so I don’t see why he gets a huge payday.
Remember, the issue here isn’t the adoption, it’s just leaving the state. The other state’s laws still would require the father’s consent. Which he eventually gave.
Mr. Wilson says RE: Not quite... March 6, 2010 at 2:52pm
The fact that he gave up his parental rights is completely beside the point. He did that last year. He (apparently) got screwed back in 2004. Consider that:
“On April 22, 2004, in a custody action Ashby filed against Kilmer [the birth mother], the County Court of Madison County, Nebraska, entered an order finding that Ashby had complied with all statutory requirements in filing the notice of intent to claim paternity, that he is M.A.’s natural and biological father, and that it is in the best interest of the child that Ashby have physical and legal care, custody, and control.” (Source [PDF])
For some reason nothing ever came of that, despite the birth father asking Alabama’s courts to enforce the order.
Chuck says That's explained in the Nebraska March 6, 2010 at 8:28pm
That’s explained in the Nebraska Supreme Court opinion:
“Ashby, armed with the custody order, went to Alabama to have it enforced. The Alabama court, however, eventually declined to enforce the custody order because Ashby had failed to include the Blacks as parties to the action as required by the Uniform Child Custody Jurisdiction and Enforcement Act and Parental Kidnapping Prevention Act of 1980. The Alabama court concluded that the Nebraska judgment was valid as to Ashby’s paternity but not valid as to the custody determination. So it did not order the Blacks to return M.A. to Nebraska. It concluded, however, that M.A.’s custody should be determined in Nebraska after Ashby included the Blacks as parties in the custody case. it also stayed the adoption proceedings in Alabama until that happened. The record fails to show that Ashby took any further action to obtain custody. And in February 2009, Ashby voluntarily relinquished his parental rights in a settlement with the Blacks.”
The point is that it’s not the State’s job to notify the father of the proceedings, or obtain his consent--it’s the job of the people actually involved in the adoption. The State’s only involved because you need the State’s permission to take the child out-of-state. In other words, Nebraska wasn’t proceeding with the adoption, which was happening in the Alabama court. Except that Ashby settled the case in the Alabama court.
The whole point of these Interstate Compacts is to harmonize the laws between the states. Under this compact, it was the adoption agency’s job to notify the dad, and the Alabama court’s job to make sure that dad got notified, not the Nebraska Department of Health and Human Services’. And he might have won custody, except he didn’t really try.