Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Xithras

(16,191 posts)
38. This is a horrific case.
Thu Jun 27, 2013, 03:14 PM
Jun 2013

Seriously, it's one thing to adopt an unwanted child, but it's unconscionable for an adoptive parent to actually fight to take a child away from a good, loving home simply because they have some legal papers saying they have a "right" to do so. Once they found out the true story behind what happened, they should have done the right thing. Moments like this one, however, make me wish I wasn't an atheist so I could at least look forward to them burning in hell for this kind of evil.

First, the argument that the father didn't support the mother during the pregnancy is irrelevant. Legally, a man is under no obligation to support anyone other than his children and the spouse he is married to. It's certainly BETTER if the father does offer support to the mother, but without any other kind of relationship between them, there is no legal expectation of support. As the father, he has to support the CHILD. The lack of a relationship between the mother and father has no bearing on his paternal rights.

Second, a lot of news media (and posters in this thread) are incorrectly stating that he agreed to give the child up and then "changed his mind". He knew that he was being deployed overseas and agreed to give the mother full custody. THAT'S IT. There is a HUGE difference between agreeing to give the other parent full custody, and agreeing to have your parental rights terminated. The two legal concepts are miles apart in their intent and scope. He never knowingly consented to an adoption, and immediately moved to block the adoption the moment he found out about it. He didn't "change his mind", the mother changed what she wanted.

Third, the idea of a "blood quantum" is widely regarded as a racist relic that was originally invented by southern American states to restrict the rights of Native Americans. It doesn't matter if he was 1/4, or 1/200th, or 1/1000th. He was a registered member of the tribe, living on tribal land, and participating as a member of the tribe. Saying that he "isn't really Native" is like saying that Obama "isn't really black". It doesn't matter WHAT your opinion is. If he identifies as black or Native American, that's his call, not yours. Both men have the ancestry to legitimately make the claim, and it's racist as fuck to claim otherwise. As in "You make Paula Deen look like a flag bearer for the Rainbow Coalition" racist.

As the husband of a tribally registered mixed Native American woman, and the father of three tribally registered mixed Native American children, I found both the judgment of the court and some of the opinions in this thread to be pretty sickening. The guy did absolutely nothing wrong, was never accused of any crime, or of abuse, or of neglect, was deceived out of his right to raise his own beautiful daughter by her mother, and is now being permanently stripped of his right to raise his child because he isn't "Indian enough" to make a bunch of pompous assholes happy. And for what? So that a pair of childless narcissists can fool themselves into believing that they're somehow saving her from the deprivations of being born poor and brown? To hell with them.

If I were the father, this would only be the beginning of my war.

Recommendations

0 members have recommended this reply (displayed in chronological order):

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
Latest Discussions»General Discussion»Supreme Court rules for a...»Reply #38