Another Classic LDS Case...

In the matter of Baby Boy M., A Minor.

Shawn and Samantha lived together in the little Texas town of Granbury just southwest of Fort Worth. They weren't married, but they had a daughter, Kaylee in 2003. In late 2004, Samantha moved out of the house and within weeks was living with Darrell. A few months later, she announced that she was pregnant and intended to place the child for adoption. Shawn immediately told her that, if the child were his, he wanted custody and would not agree to any adoption.

Samantha learned of a couple, Travis and Sabra Hess, who lived in Boise, Idaho, who wanted to adopt. The Hesses were using the services of LDS Family Services. Samantha spoke with LDS caseworker, Kimberly Sidwell and according to the court records:

Sidwell met with Samantha two weeks before the baby was due to be born. At that time, Sidwell asked Samantha whether she knew the identity of the baby's father. Samantha told Sidwell that Shawn was the father and indicated he was not aware of her pregnancy. Sidwell asked for an address to contact Shawn, but Samantha said she did not know where he was. Samantha provided Sidwell with Shawn's date of birth and social security number. After the meeting, Samantha asked LDS if she could work with a different caseworker due to a “personality conflict” with Sidwell.
Samantha next met with Eric Larsen from LDS. Larsen also asked about the paternity of the baby, and Samantha told him she was fairly certain that Shawn was the father. Samantha also stated, however, there was a possibility that the father was Darrell. When Larsen asked where he could find Shawn, Samantha told him she thought he was either living in Dallas or going to school in Florida. After being asked multiple times how to contact him, Samantha finally admitted that Shawn lived in Granbury and gave Larsen a phone number for Shawn's mother, Sandra.

Both Sidwell and Larsen were informed by Shawn and his mother that Shawn had no intention of relinquishing his parental rights if the child were his. When Shawn and his mother found out what hospital Samantha was in, they both talked to a social worker there and told her Shawn would request a DNA test to determine paternity and assert his rights.

At that point, everyone involved in the case knew very well that Shawn refused to give up his parental rights. The sensible thing - the humane thing - to do would have been a DNA test and, if Shawn were the father, turn the baby over to him. But that is not what happened.

The hospital's designating Samantha a "no information" patient. That meant that the hospital could only release information about the baby to people Samantha approved which did not include Shawn. Despite knowing of Shawn's intentions, the Hesses took the baby boy back to Idaho, Samantha signed a relinquishment of her parental rights and presumably, LDS got paid.

Shawn filed the correct forms with the Texas Paternity Registry within the 30 days allotted him. He talked to several attorneys, contacted the FBI and even wrote a letter to the governor.

LDS and the Hesses sued Shawn to terminate his parental rights and Shawn countersued to establish paternity and to be managing conservator of the child. (In Texas, "managing conservator" means the parent with physical custody of the child; "possessory conservator" means the parent with visitation rights.)

Despite finding that Shawn is the child's father, the trial court ruled against him, but the appellate court reversed that ruling. The child is now four years old because of LDS' intentional delays almost every step of the process.

Instead of reversing the lower court and rendering judgment for Shawn, the court ordered another trial in the same court that ruled against Shawn in the first place.