Tuesday, September 28, 2010

Is The Tide Turning: A Father is Recognized!!

"The right of a natural parent to the care and custody of his child is one of the most precious and fundamental in law." Ohio Supreme Court, 2010 in the case of Jason and Christy Vaughn v. benjamin Wymrembek

Benjamin Wyrembek had a brief affair with a married woman. She became pregnant in 2007 and, along with her husband, decided to place the child for adoption. Wyrembek had no way of knowing if the child was his or not and possibly neither did the woman, although neither the article nor the opinion says. But he timely (within 30 days) filed his claim of paternity with the Ohio Putative Father Registry and brought suit in juvenile court in December, 2007 to establish paternity. In January, 2008, the adoptive parents, Jason and Christy Vaughn, filed their suit to adopt the child.

Genetic testing determined that the child is Wyrembek’s and every court has since ruled in his favor. He’s the father - genetically and legally (because his rights have never been relinquished or terminated) and he had  done every legal thing to get custody of his son and every court has ruled that the adoption can’t go forward.

But, true to form, it has taken 3 years and the child is still not returned.
On Tuesday, the Vaughns were served with an order from Lucas County Juvenile Court to hand over the nearly 3-year-old boy named Grayson to Mr. Wyrembek, prompting their attorney to file another flurry of motions to prevent the surrender.
Hope the Fathers' Rights organizations are right. They believe this case might be a turning point.
The rights of biological fathers in adoption cases are no longer the pushovers they once were. This case and others stand for the proposition that, in adoption cases, courts will no longer allow mothers to control fathers’ rights. A mother’s hiding the child or hiding information about the child’s paternity will no longer suffice to deprive a father of his parental rights. It’s a win for dads.
UPDATE 9/29: 

The lawyer for the Vaughns (who is calling them "Grayson's adopted family") say they've agreed to mediation with Wyrembek.

A statement was signed by the Vaughns and Wyrembek saying they're trying to resolve their dispute in the boy's best interest.

Reportedly, 30 supporters of the Vaughns showed up for the hearing.

The American Academy of Adoption Attorneys has filed a brief asking the Ohio Supreme Court to reconsider its decision, saying that its earlier order “rewrote Ohio adoption law.”

Sooo interesting that NOW they are willing to talk!  Now that they keep loosing every legal battle and are ordered to return the child...

See Facebook Page: Give Grayson Back


Susie said...

Thank God that the Vaughn's are not being rewarded for kidnapping this child. The Vaughn's, their lawyers, the adoption agency, any one involved with keeping this child away from his father should be charged with kidnapping.

This case is a sickening example of the entitlement that some adoptive parents have towards another's child.


Nathan Abbey said...

The main thing it is apart from obviously kidnapping and disrespect towards the biological father it is also most importantly CHILD ABUSE.
Any mother that adopts without the biological fathers consent is showing that they are a CHILD ABUSER.
And should be jailed for blatent CHILD ABUSE.
Nathan Abbey

Mirah Riben said...

Not by US law, but it is a violation of the child's rights.

Anonymous said...

I can't believe that The Supreme Court is electing to give this child to a man with a criminal history for drug trafficking and assault. He is being ripped from the only family he has ever known to be given to a criminal!
it reminds me of the baby Jessica Deboer case. BTW, did you know that Jessica/ Anna will have no contact at all with her bio dad Dan Schmidt? Teh implication is that he abused her. Do you really think that children ar always better off with their bio parents? If the Deboers had been allowed to keep her, that would not have happened. Do youi see a bright future for baby Grayson with his Bio Dad? Of course not! I know you story of adoption and loss and it's tragic Mira, but you are too anti adoption! I can understand why you would be, but adoption is not always a bad thing and sometimes, it's really the best thing

Mirah Riben said...

Benjamin's criminal record is as a minor.

Please send provide proof of your claim of abuse to Anna (fka Jessica).

d28bob said...

After watching my friend Craig struggle with the Missouri courts for over FIVE years to regain his son, I sympathize completely with Benjamin.

I am firmly convinced that courts of law are incompetent to make family decisions; this case only underscores that. It's bad enough that children are regarded as chattel property by our legal system, but allowing cases to drag on for year after year of appeals is proof that the legal system is toxic to children.

The court of original jurisdiction stopped the adoption when Benjamin came forward; it is their fault for not enforcing that decision, for not demanding the child be returned to his rightful father immediately pending the Vaughn's appeals. Allowing a couple who DID NOT HAVE A LEGAL ADOPTION to keep Grayson amounts to aiding and abetting kidnapping.

Incidentally, Craig's case has been unanimously decided in his favor by the Missouri Court of Appeals and the Missouri Supreme Court and is back in the Appeals court yet again - five years after the local court was remanded to vacate his son's adoption because he never gave consent. Yet the local court allowed the kidnappers to become his son's legal guardian, allowed a change of name and allowed them to move his son out of state.

RussiaToday Apr 29, 2010 on Russian Adoption Freeze

Russi Today: America television Interview 4/16/10 Regarding the Return of Artyem, 7, to Russia alone

RT: Russia-America TV Interview 3/10

Korean Birthmothers Protest to End Adoption

Motherhood, Adoption, Surrender, & Loss

Who Am I?

Bitter Winds

Adoption and Truth Video

Adoption Truth

Birthparents Never Forget