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ExCop-LawStudent

(147 posts)
26. Except your facts are wrong.
Thu Jun 27, 2013, 11:45 AM
Jun 2013

Especially number two. The birth mother did not tell him that the child was being put up for adoption. She went out of her way to conceal it from him. The Capobiancos did the same. They waited until just before he was to deploy to Iraq to notify him, and he immediately filed to contest it. That's not my opinion, that is the opinion of the trial court and the SC Supreme Court.

"Mother never informed Father that she intended to place the baby up for adoption." Adoptive Couple v. Baby Girl, 731 S.E.2d 550, 553 (S.C. 2012).

"Initially the birth mother did not wish to identify the father, said she wanted to keep things low-key as possible for the (Appellants), because he's registered in the Cherokee tribe. It was determined that naming him would be detrimental to the adoption." Id. at 554 (editing in original).

"Mother signed the necessary documentation, which reported Baby Girl's ethnicity as "Hispanic" instead of "Native American." After Baby Girl was discharged from the hospital, Appellants remained in Oklahoma with Baby Girl for approximately eight days until they received ICPC approval, at which point they took Baby Girl to South Carolina. According to the testimony of Tiffany Dunaway, a Child Welfare Specialist with the Cherokee Nation, had the Cherokee Nation known about Baby Girl's Native American heritage, Appellants would not have been able to remove Baby Girl from Oklahoma." Id. at 554-55.

"Appellants filed the adoption action in South Carolina on September 18, 2009, three days after Baby Girl's birth, but did not serve or otherwise notify Father of the adoption action until January 6, 2010, approximately four months after Baby Girl was born and days before Father was scheduled to deploy to Iraq." Id. at 555.

All they had to do is follow the rules, and they didn't, even though they were aware of the requirements of the law. Instead, they hid what they were doing, and when caught, got a PR specialist to launch Facebook pages, websites, etc., and to flood the media with inaccurate and false information.

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Tough call, but I think the SCOTUS got it right. badtoworse Jun 2013 #1
+ 1 virgogal Jun 2013 #2
Nope ExCop-LawStudent Jun 2013 #3
Read the story - that's not what happened badtoworse Jun 2013 #4
Reposting my answer to another thread - the mother concealed the adoption from him ExCop-LawStudent Jun 2013 #5
How far is the child removed from the tribe with 3/256th heritage? Gravitycollapse Jun 2013 #7
I think it's ridiculous that 1% of her ancestry is enough to make her bound by Cherokee law. n/t pnwmom Jun 2013 #9
From the USA Today article badtoworse Jun 2013 #18
Sure, here you go ExCop-LawStudent Jun 2013 #20
There seems to be a disagreement about the facts of the case badtoworse Jun 2013 #21
Exactly what adoption is that? ExCop-LawStudent Jun 2013 #22
Doesn't change my opinion badtoworse Jun 2013 #23
They shouldn't have hidden it from him ExCop-LawStudent Jun 2013 #24
Here's my bottom line badtoworse Jun 2013 #25
Except your facts are wrong. ExCop-LawStudent Jun 2013 #26
I'm reacting to what I've read in the media and I'll concede the media could have it wrong. badtoworse Jun 2013 #30
3/256? That's about 1.18%. How does that even count as anything? Gravitycollapse Jun 2013 #6
It still qualifies the child ExCop-LawStudent Jun 2013 #8
Well, she's 99% other, which should qualify her for protection under regular US adoption laws. n/t pnwmom Jun 2013 #10
No, but I'm pretty sure that's what you're saying. Gravitycollapse Jun 2013 #11
So would you deny citizenship to a child born abroad to a US parent? ExCop-LawStudent Jun 2013 #12
I agree with giving US citizenship to a child based either on the citizenship of the parents. Gravitycollapse Jun 2013 #13
Which is why the law was enacted ExCop-LawStudent Jun 2013 #14
The tribe almost certainly couldn't give a shit what happens to the child. Gravitycollapse Jun 2013 #15
The tribe cares more about her than these white people (the adoptive couple) do ExCop-LawStudent Jun 2013 #16
What a pile of horseshit. Gravitycollapse Jun 2013 #17
I agree your post is a pile ExCop-LawStudent Jun 2013 #19
I'm trying to understand something about this Orrex Jun 2013 #27
Tribal citizenship ExCop-LawStudent Jun 2013 #28
Thank you for the detailed and thoughtful answer Orrex Jun 2013 #31
except, what rights would the US actually have when American parents live out of country permanently rebecca_herman Jun 2013 #42
The US is a Contracting State under the Hague Convention ExCop-LawStudent Jun 2013 #43
I read it, but I'm not seeing where it applies to the situation I described? rebecca_herman Jul 2013 #44
Sec. 26(2) & (3) state: ExCop-LawStudent Jul 2013 #45
that's so ridiculous that my jaw dropped. and offensive. cali Jun 2013 #29
You just lost the debate with that racist statement. East Coast Pirate Jun 2013 #33
I didn't see anyone object to this statement ExCop-LawStudent Jun 2013 #34
Because two wrongs always make a right. East Coast Pirate Jun 2013 #36
No, I did not ExCop-LawStudent Jun 2013 #37
I am not taking sides on this but I think that a little history regarding the reasons behind this jwirr Jun 2013 #32
Well put. ExCop-LawStudent Jun 2013 #35
My sil has family that were treated similairly. The history is there for anyone to see. Do you know jwirr Jun 2013 #40
I don't know ExCop-LawStudent Jun 2013 #41
This is a horrific case. Xithras Jun 2013 #38
Exactly right, plus he was at a distinct disadvantage ExCop-LawStudent Jun 2013 #39
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