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[quote=Anonymous][quote=Anonymous]I don't presume to know what the "right" answer is in regards to custody. And this case is an example of how few rights unmarried fathers have. Perhaps those laws should be changed. But... I don't think it's fair that ICWA allowed the birth father custody. Why should he have been allowed an exception to the laws, just because of his heritage? He gave no support to the birth mom during pregnancy or afterward. According to some states (including the state where the adoption took place), that limits your paternal rights. Also, even if all parties had agreed to an open adoption, ICWA states that the child would have to be placed with a Native American family. This would happen regardless of the parents' wishes or other races/ethnicites of the child. Such stringent rules don't seem necessary and can infringe on parental rights. I also think it wad horribly cruel that the birth father took the child away from the only home she had ever known without any transition period. He was a complete stranger when he took het, and it broke my heart when I heard how it was handled. Not in the child's best interest, and I don't think it says much about his character. And I'm not sure how he is allowed to go against court rulings now. Maybe lawyers could adress this, but its my understanding that this is completely unusual that he has so far disregarded the court system and that he ls allowed to so so. There is no winner in this case, and I hope the parties meeting brings about some resolution. [/quote] the man asserted his rights when the baby was an infant -- the pre-adoptive parents dragged this whole thing out...that's why they were with them for so long[/quote]
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