UPDATE! UPDATE! UPDATE! Please support Hailey and Anthony and their continued efforts to share a life together. For those that have recently joined us, this case involves a 2010 unethical adoption attempt that was taken to the California Appellate Court in 2011. In 2012, the Appeals Court decided that Anthony was a fit and presumed “Kelsey S.” thwarted father. This means that he has his parental rights intact and his daughter cannot be adopted without his consent. Hailey is not even eligible for adoption. The Appeals Court decision happened in April 2012. It is now almost October 2014….2 ½ years after the adoption failed. He is still fighting for his daughter. Hailey will be 5 years old in January. Long story short, when the proposed adoption failed back in 2012, the now-single person that tried to take Hailey as her own against Anthony’s known wishes immediately filed for Legal Guardianship of Hailey based on the amount of time she had actively and intentionally blocked Anthony from contact with his child. The Guardianship case dragged on and on while Anthony slowly carved out parenting time with Hailey over the endless protests and stalling of the person holding primary possession of his daughter. Yes, you read that right. This person holds Hailey in her possession while she endlessly litigates. No custody order, no nothing. It’s a great example of the unethical private adoption tactic of “hold on to the child long enough, block the parent and you get to keep the child.” It hasn’t worked out quite as she wanted, though. Through Anthony’s endless love for Hailey, persistence, and refusal to allow his child to be unnecessarily adopted, he has finally prevailed. The Adoption AND Legal Guardianship petitions were dismissed “with prejudice” on August 19, 2014. “With prejudice” means that the failed would-be adopter can NEVER file to adopt or guardian Hailey ever again. But it’s not over yet…. Hailey and Anthonys story: Long before Hailey was born, Anthony sought to establish his parental rights by filing and serving a Petition to Establish Parental Relationship/DNA test, California’s version of the Putative Father’s Registry. Having full knowledge of Anthony’s wish to parent his child, 8-months pregnant bio-mother arranged for and offered his child at birth for adoption without his knowledge or consent. When the bio-mother ceased contact with him about three months pre-birth, she contacted an adoption agency and selected prospective adoptive parents. The bio-mother knew that Anthony would not consent to adoption, wished to raise his own child, and she disclosed this fact to the agency and the pre-adoptive parties. Again -everyone knew Anthony wanted to raise Hailey…the bio-mom, the adoption agency, and the couple that tried to take his child as their own via an unethical adoption. Hailey was born on January 1, 2010. It is believed that Anthony was hospital-designated as “do not allow contact/information”. He eventually found out his child had been born by his diligence in calling all the local hospitals every day and night for updates…but too late. His daughter had been whisked from the hospital and taken into the home of the prospective adoptive parties...again, with their full knowledge that Anthony wanted to parent his own child. It’s BHH’s opinion that the prospective adoptive parties didn’t CARE about the detriment they would cause Anthony’s daughter by participating in this highly “Legal Risk” pre-placement. A Termination of Parental Rights/Petition for Adoption trial followed soon after this couple took his daughter. He was granted “visitation” over the “adopter’s” objections, as the TPR trial dragged on (early 2010-mid 2011). Finally, in May 2011, Anthony was found to be a “Kelsey S.” thwarted presumed father but somehow unfit to raise his daughter…one of the overriding reasons was he was a single dad versus a “better” (now divorced) woman…the “prospective adoptive father” had removed himself from the equation long before. Anthony was TPRed (Termination of Parental Rights) on this basis and other specious and unsupported reasons (see appellate court decision). Hailey’s contact with her father abruptly ceased, along with her contact with her extended biological family, as the trial court gave the green-light for the adoption to move forward. Anthony promptly appealed the trial court’s decision. Eight months later, On April 24, 2012, the appellate court reversed the TPR (Termination of Parental Rights), scathingly declared that the trial court had abused its judicial discretion and clearly erred when it deemed him unfit, and again affirmed his “Kelsey S.” presumed father status. The appeals court ordered the trial court to reinstate his visitation as quickly as possible while custody was decided on remand under California Family Code Section 3041. With this decision, the adoption failed as Anthony’s consent as a fit and presumed “Kelsey S.” father was required to finalize. The single failed “adopter” filed a new case in a new court for Legal Guardianship of his daughter six days later, putting forth the argument that it would be detrimental to Hailey to remove her from the “only home she’s ever known”, leaving out the part that she had been refusing to allow any contact all along (a common tactic used by the adoption industry). Visitation, or parenting time, was belatedly reinstated over this person’s objections in mid/late 2012. Hailey and Anthony’s close bonding has continued to this day over the continuing protests of the person wanting his daughter as her own. Incremental increases in bonding time with his daughter’s real parent have been realized only by Anthony’s insistence that his child’s best interests be recognized. …And now there’s no adoption or guardianship. Anthony and Hailey have parenting time together. So what’s next? Custody. Simply, Anthony and the person that is still intent on taking Hailey as her own and excluding Anthony from his child’s life must share custody under California law. It’s under CA Family Code Section 3041, which is applied to failed adoptions. So Anthony is pretty much now embroiled in a custody battle with someone that wants him gone….much like a contentious divorce with children and one party (the failed “adopter”) actively tries to exclude the other from their child’s life. You can imagine the complicating factor that Anthony and this person are virtual strangers. It’s hard to wrap your head around…but Anthony is willing to do and go through anything to protect his child’s best interests and Hailey’s right to her natural family. This is where it stands and, saying prayers and crossing fingers, this phase will hopefully end by the end of this year with permanent custody orders. In the meantime, there are still legal papers flying around, custody evaluations to be had, attorneys involved, and who knows what else. Anything that you can find in your hearts to do to support Hailey and Anthony fighting the specter of unethical adoption – and now, the fallout from the detriment it has caused this little girl – would not only be appreciated, but would be an everlasting gift of joy and peace to an innocent little girl that was never in need of adoption. youcaring/other/bring-hailey-home/240628#.VChNAh81Uos.facebook
Posted on: Sun, 28 Sep 2014 18:41:53 +0000
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