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