One of my graduate students lives in Delaware. A Delaware Supreme Court decision on child custody earlier this month (http://www.delawareonline.com/apps/pbcs.dll/article?AID=2009902060366) could take away her adopted daughter despite earlier Family Court decisions supporting her.
The decision was based on the narrowly written Delaware Uniform Parentage Act (DUPA) of 2004, excluding all previous Family Court rulings based on the best interests of the child. I strongly believe that the 2004 statute is faulty and out of sync with laws in surrounding states. Most shocking is that the Delaware Supreme Court took so much latitude away from the very court that is designed to rule on heart-wrenching family matters.
Is there anything that Kossacks can do to help my student in changing this unjust decision? The Delaware ACLU is supporting her. Today she must present a 4-page-only response, asking the Delaware Supreme Court to reconsider their decision. Please consider all formal and informal routes to change the minds of the justices and to activate the legislators to amend their draconian bill.
Update 1: It's great to see 21 comments on the little girl's custody dispute between posting the diary this morning and getting back to my keyboard during a 10 AM break.
My job is to mentor my students and help them to succeed in their goals. Assistance with personal problems comes up from time to time. In this case, you have seen the details in the news article. The little girl has been living with her effective mother, calling her "Mommy", for five years.
In most states, and in the Delaware Family Court, that's good enough to award custody. Visitation rights by the estranged other mother would be a reasonable compromise. Logically, the Delaware legislature should amend the 2004 law to include practical realities of family life, not just paperwork. However, the legislature will not resume regular sessions until 18 March.
A sensible request for delay would be in order, not protestors on the steps of the Court. My student has a good lawyer, and the support of the ACLU. Will that be sufficient? I implore any Kossack with Delaware connections to call friends and argue for delay.
Update 2: OK folks, you wanted more information. Here we have the whole sad story:
* Both parents planned (emotionally and financially) for over 6 years to start a family
* Both started the process together (selected a country (Kazakhstan), identified adoption agency, met with home study agency, filled out home study application, background checks, had home study conducted, etc)
* My student prepared over 90% of the paperwork/dossier etc
* Both paid for the adoption
* Both travelled to Kazakhstan and stayed in country for 3 weeks
* Both visited orphanage twice daily to interact and bond with their future daughter
* Adoptive parent consistently referred to non-adoptive parent as "mommy" and held non-adoptive parent out as "mommy" (verbally and in writing such as in a journal, birth announcements, emails, Easter/birthday cards, "mommy and me" picture frames)
* Non-adoptive parent left work on maternity/adoption leave
* Non-adoptive parent put child on employee health insurance plan
* Non-adoptive parent financially supported her daughter (daycare)
* Both met with an attorney to start the process for non-adoptive parent to formally adopt child. Attorney suggested they wait one year to file.
* Adoptive parent became verbally and physically abusive towards non-adoptive parent and FORCED her to leave house (changed locks, kept non-adoptive's personal belongings inside etc), 13 months after couple's return from Kazakhstan (THIS IS WHERE THE BRIGHT LINE TEST OF 2 YEARS IN THE 2004 DUPA IS SO ARBITRARY AND DISPUTABLE!!)
* Adoptive parent cut off contact of child with non-adoptive parent completely
* Non-adoptive parent filed petition for custody in June 2004
* Court granted temporary contact order to non-adoptive parent in August 2004
* Adoptive parent filed motion to dismiss based on lack of standing as legal parent
* Motion to dismiss was denied and non-adoptive parent could seek custody - June 27, 2006
* Joint legal custody and shared residency was awarded to non-adoptive parent on March 30, 2007
* Adoptive parent appealed decision of establishment of parentage by non-adoptive parent to DE Supreme Court
* DE SC heard oral arguments by both parties on Nov 5, 2008
* DE SC overturned family court's ruling on Feb 3, 2009