Anonymous wrote:Also, I don't think D knew anything about ICWA ahead of time. It was just a means to get custody.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Dusten didn't make any attempt to see the baby in the her first four months of her life. I read his court testimony. He was fine with giving up his rights and not seeing her. He just wasn't fine once he found out about the adoption. According to Oklahoma and South Carolina rules, your rights as a father are gone at that point.
I do sympathize with D, but his inactions caused the adoption to happen. It's a sad story all around for everyone involved.
I hope Veronica is well, and I take comfort in knowing she remembers the adoptive parents. I hope D can remain in her life too.
No, according to OK law his rights as a father are there until he signs adoption papers, and adoption papers have to be signed with informed consent. The paper that Copabiancos lawyer had him sign was not an adoption paper, but one that gave sole custody to the mother. But the baby was already in SC. Once the baby in in SC the SC laws apply. He had to try and get his child back legally through the SC courts. So the OK law applies depending on where you are. The adoption in SC was not finalized because it was not legal in OK. That is why he still had a legal claim to challenge the adoption.
Whether or not he saw the kid during the first 4 months is not the issue here.
We need laws that protect the rights of new born to belong to the familes they are born into. Adoption is supposed to be voluntary, and just about every state has laws that
that adoption papers are not coerced. Just SC law says a fathers consent is not needed
This article is from Tulsa World. Doesn't cite laws, but it implies the Oklahoma laws state that the father must take an active role during pregnancy, or else rights can be lost.
http://www.tulsaworld.com/article.aspx/Russ_Roach_Oklahoma_adoption_law_and_Baby_Veronica/20130828_222_A15_CUTLIN21511
If I'm reading correctly, was Dustin Brown using ICWA as an excuse for not taking an active role during pregnancy? If so, what an utter douche. If not, someone please explain how Oklahoma laws reconcile with his absence.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Dusten didn't make any attempt to see the baby in the her first four months of her life. I read his court testimony. He was fine with giving up his rights and not seeing her. He just wasn't fine once he found out about the adoption. According to Oklahoma and South Carolina rules, your rights as a father are gone at that point.
I do sympathize with D, but his inactions caused the adoption to happen. It's a sad story all around for everyone involved.
I hope Veronica is well, and I take comfort in knowing she remembers the adoptive parents. I hope D can remain in her life too.
No, according to OK law his rights as a father are there until he signs adoption papers, and adoption papers have to be signed with informed consent. The paper that Copabiancos lawyer had him sign was not an adoption paper, but one that gave sole custody to the mother. But the baby was already in SC. Once the baby in in SC the SC laws apply. He had to try and get his child back legally through the SC courts. So the OK law applies depending on where you are. The adoption in SC was not finalized because it was not legal in OK. That is why he still had a legal claim to challenge the adoption.
Whether or not he saw the kid during the first 4 months is not the issue here.
We need laws that protect the rights of new born to belong to the familes they are born into. Adoption is supposed to be voluntary, and just about every state has laws that
that adoption papers are not coerced. Just SC law says a fathers consent is not needed
This article is from Tulsa World. Doesn't cite laws, but it implies the Oklahoma laws state that the father must take an active role during pregnancy, or else rights can be lost.
http://www.tulsaworld.com/article.aspx/Russ_Roach_Oklahoma_adoption_law_and_Baby_Veronica/20130828_222_A15_CUTLIN21511
Anonymous wrote:Anonymous wrote:Dusten didn't make any attempt to see the baby in the her first four months of her life. I read his court testimony. He was fine with giving up his rights and not seeing her. He just wasn't fine once he found out about the adoption. According to Oklahoma and South Carolina rules, your rights as a father are gone at that point.
I do sympathize with D, but his inactions caused the adoption to happen. It's a sad story all around for everyone involved.
I hope Veronica is well, and I take comfort in knowing she remembers the adoptive parents. I hope D can remain in her life too.
No, according to OK law his rights as a father are there until he signs adoption papers, and adoption papers have to be signed with informed consent. The paper that Copabiancos lawyer had him sign was not an adoption paper, but one that gave sole custody to the mother. But the baby was already in SC. Once the baby in in SC the SC laws apply. He had to try and get his child back legally through the SC courts. So the OK law applies depending on where you are. The adoption in SC was not finalized because it was not legal in OK. That is why he still had a legal claim to challenge the adoption.
Whether or not he saw the kid during the first 4 months is not the issue here.
We need laws that protect the rights of new born to belong to the familes they are born into. Adoption is supposed to be voluntary, and just about every state has laws that
that adoption papers are not coerced. Just SC law says a fathers consent is not needed
Anonymous wrote:Dusten didn't make any attempt to see the baby in the her first four months of her life. I read his court testimony. He was fine with giving up his rights and not seeing her. He just wasn't fine once he found out about the adoption. According to Oklahoma and South Carolina rules, your rights as a father are gone at that point.
I do sympathize with D, but his inactions caused the adoption to happen. It's a sad story all around for everyone involved.
I hope Veronica is well, and I take comfort in knowing she remembers the adoptive parents. I hope D can remain in her life too.
Anonymous wrote:Anonymous wrote:
I think you are misunderstanding the SCOTUS decision. They were not ruling on whether Brown was her "legal father" or not. They were ruling on whether the ICWA applied in this case.
south Carolina does not recognize the right of fathers. If the father was not present for 6 months of the pregnancy or did not pay costs related to pregnancy, he has no right to oppose adoption.
But if the mother was to want child support then he still has to pay.
So according to SC the child was not born into a family. And only the mother is recognized as a legal parent, and only her consent is needed.
Therefore the adoption was not breaking apart a family because it did not exist at the time of the birth
Anonymous wrote:
I think you are misunderstanding the SCOTUS decision. They were not ruling on whether Brown was her "legal father" or not. They were ruling on whether the ICWA applied in this case.
Anonymous wrote:Anonymous wrote:Anonymous wrote:NP here. Of the 34 pages of comments, at least 32 of them must be from the same idiot. I hope the adoptive parents win their latest law suit just like they won all the others. On merit.
Their latest lawsuit, suing Dustn Brown for $500k?
NP back again. You're damn right.
Anonymous wrote:Anonymous wrote:Anonymous wrote:NP here. Of the 34 pages of comments, at least 32 of them must be from the same idiot. I hope the adoptive parents win their latest law suit just like they won all the others. On merit.
Their latest lawsuit, suing Dustn Brown for $500k?
NP back again. You're damn right.