Showing posts with label unwed father's rights. Show all posts
Showing posts with label unwed father's rights. Show all posts
Wednesday, January 22, 2014
Friday, August 17, 2012
Proposed bill would penalize adoption agencies for fraudulent representations
SALT LAKE CITY — As state lawmakers consider possible
amendments to the state adoption laws, one Utah man could learn as early
as Thursday whether he can intervene in the adoption of his now
2-year-old son.
The adoption occurred without his knowledge or consent, despite his repeated representations to the birth mother of his intentions to co-parent the child, said attorney Wes Hutchins.
On Wednesday, the Utah Legislature's Health and Human Services Committee, saw photographs of the man and an obviously pregnant woman who was carrying the man's child, Hutchins said.
The woman is depicted in photographs touring Temple Square with the biological father and his family on Dec. 29, 2009. The following day, the baby was born, unbeknownst to the biological father, Jake Strickland. Just over 24 hours later, the birth mother signed documents relinquishing her parental rights.
Strickland had been told by the birth mother that the baby would be delivered by C-section on Jan. 12, 2010, Hutchins said.
On Jan. 5, 2010, however, the woman told Strickland in a cell phone conversation that she had placed the baby with an adoptive couple, he said.
Strickland initiated a paternity claim the following day. He had not, however, registered with Utah's putative father registry during the pregnancy.
Strickland later learned that the woman was not legally divorced from her husband, according to press reports. Under the state Judicial Code, a married woman's husband is presumed to be the father of her child.
Strickland and his family have been engaged in a legal fight over the adoption for more than two years. Second District Court Judge David Hamilton could rule on the case as early as Thursday, said Strickland's mother, Jenny Graham.
Hutchins, a family law attorney now representing Strickland, told the legislative committee that many pregnant young women from other states come to Utah to place their babies for adoption because Utah law has weak protections for biological fathers.
Hutchins told lawmakers that some agencies even "coach" birth mothers what to tell biological fathers who inquire about the child's birth or their rights.
Among western states, few have as many paternal rights cases that go up to appellate courts, which suggest problems with Utah's laws, he said.
Rep. Dan McCay, R-Riverton, who is also an attorney, said it could also be construed that Utah's higher courts are more amenable to hearing such cases.
To that end, Rep. Christine Watkins, D-Price, has developed a legislative proposal to further regulate the activities of adoption agencies.
A draft discussed by state lawmakers Wednesday contemplates sanctions for adoption agencies or employees of such agencies who make fraudulent representations in connection with adoptions.
Agency licenses could be suspended, even revoked, according to the proposal. The proposal also includes a provision in which a party that challenges a fraudulent representation in connection with an adoption and prevails, can be awarded attorney fees and costs.
Under the proposed legislation, notice of an adoption must be provided to an unmarried biological father of a child six months old or younger.
McCay said that portion of the draft legislation raised concerns because adoptive parents need to know that an adoption, when finalized, is final.
"I think there is some value to the finality and getting the kid out of the middle of a fight," McCay said.
Hutchins, who told lawmakers that he has worked in family law for two decades, agreed that parents need that assurance.
He said he believes the attorney fees provision of the draft legislation would persuade any party against making false representations that could disrupt a placement.
Watkins asked the committee to take time to study the proposal and allow her to make further refinements before the interim committee takes any action.
The adoption occurred without his knowledge or consent, despite his repeated representations to the birth mother of his intentions to co-parent the child, said attorney Wes Hutchins.
On Wednesday, the Utah Legislature's Health and Human Services Committee, saw photographs of the man and an obviously pregnant woman who was carrying the man's child, Hutchins said.
The woman is depicted in photographs touring Temple Square with the biological father and his family on Dec. 29, 2009. The following day, the baby was born, unbeknownst to the biological father, Jake Strickland. Just over 24 hours later, the birth mother signed documents relinquishing her parental rights.
Strickland had been told by the birth mother that the baby would be delivered by C-section on Jan. 12, 2010, Hutchins said.
On Jan. 5, 2010, however, the woman told Strickland in a cell phone conversation that she had placed the baby with an adoptive couple, he said.
Strickland initiated a paternity claim the following day. He had not, however, registered with Utah's putative father registry during the pregnancy.
Strickland later learned that the woman was not legally divorced from her husband, according to press reports. Under the state Judicial Code, a married woman's husband is presumed to be the father of her child.
Strickland and his family have been engaged in a legal fight over the adoption for more than two years. Second District Court Judge David Hamilton could rule on the case as early as Thursday, said Strickland's mother, Jenny Graham.
Hutchins, a family law attorney now representing Strickland, told the legislative committee that many pregnant young women from other states come to Utah to place their babies for adoption because Utah law has weak protections for biological fathers.
Hutchins told lawmakers that some agencies even "coach" birth mothers what to tell biological fathers who inquire about the child's birth or their rights.
Among western states, few have as many paternal rights cases that go up to appellate courts, which suggest problems with Utah's laws, he said.
Rep. Dan McCay, R-Riverton, who is also an attorney, said it could also be construed that Utah's higher courts are more amenable to hearing such cases.
To that end, Rep. Christine Watkins, D-Price, has developed a legislative proposal to further regulate the activities of adoption agencies.
A draft discussed by state lawmakers Wednesday contemplates sanctions for adoption agencies or employees of such agencies who make fraudulent representations in connection with adoptions.
Agency licenses could be suspended, even revoked, according to the proposal. The proposal also includes a provision in which a party that challenges a fraudulent representation in connection with an adoption and prevails, can be awarded attorney fees and costs.
Under the proposed legislation, notice of an adoption must be provided to an unmarried biological father of a child six months old or younger.
McCay said that portion of the draft legislation raised concerns because adoptive parents need to know that an adoption, when finalized, is final.
"I think there is some value to the finality and getting the kid out of the middle of a fight," McCay said.
Hutchins, who told lawmakers that he has worked in family law for two decades, agreed that parents need that assurance.
He said he believes the attorney fees provision of the draft legislation would persuade any party against making false representations that could disrupt a placement.
Watkins asked the committee to take time to study the proposal and allow her to make further refinements before the interim committee takes any action.
Tuesday, July 10, 2012
Thinking about you
Jackson:
Our family can not stop thinking about you. We wonder about you every day and hope and pray you are being well taken care of. Every where we go there is something that reminds us of you. There are street signs with Jackson, trucks with the name Jackson on it, new little babies named Jack, little boys that are within 4 months like you and Boston everywhere. Everywhere we turn we think of you.
Jackson, you will know one day how much we love you and think about you. Jack, we wonder every day what you look like. Do you have baby blues like your daddy,? Are you a little Blondie or do you have dark brown hair? Are you a shy little boy or outgoing like your cousin? Do you like to play cars and trucks, and play outside? Hopefully, one day soon we will get answers to our questions.
August 1st is right around the corner and we can not be happier to finally be back in front of a judge to share with him OUR side of the story, and not be voiceless.
Jackson, there is so much positive change that has been happening with birth father rights everywhere. We can only hope this can help with bringing you home.
We love you Jack! See you soon.
XoXo,
Your family
Our family can not stop thinking about you. We wonder about you every day and hope and pray you are being well taken care of. Every where we go there is something that reminds us of you. There are street signs with Jackson, trucks with the name Jackson on it, new little babies named Jack, little boys that are within 4 months like you and Boston everywhere. Everywhere we turn we think of you.
Jackson, you will know one day how much we love you and think about you. Jack, we wonder every day what you look like. Do you have baby blues like your daddy,? Are you a little Blondie or do you have dark brown hair? Are you a shy little boy or outgoing like your cousin? Do you like to play cars and trucks, and play outside? Hopefully, one day soon we will get answers to our questions.
August 1st is right around the corner and we can not be happier to finally be back in front of a judge to share with him OUR side of the story, and not be voiceless.
Jackson, there is so much positive change that has been happening with birth father rights everywhere. We can only hope this can help with bringing you home.
We love you Jack! See you soon.
XoXo,
Your family
Monday, June 4, 2012
Upcoming Fundraisers
We will also be hosting a 5k in the next few months as well as a Harley Motorcylce Ride. The Harley ride most likely will take place on September 8th, beginning at the Lindon Harley Davidson and ending up in Ogden, at The Rainbow Saloon. More information to come on these.
Please come out and help support us with raising legal fees to get our baby back!!!! Thank you in advance for your help!
*****Update: We are currently in the process of waiting for a court date to intervene in the adoption in 2nd District Court. We are hoping that we can report on that in the next week or so. We are excited with some of the motions filed in this case that will give us some strong ammo.
We love you Jackson and we never stop thinking about you!
Wednesday, March 21, 2012
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