The mother last held her son in May 2007 and served a two-year sentence which although the article does not state the date she would have been released somewhere around May 2009…yet it is now 2011 – at least 18 months have passed where she could have reestablished her relationship with her son but because the courts did things wrong and approved an adoption that option was not possible. They say she abandoned her child but she left him with her sibling who agreed to care for him.
“They are wanting to take him and put him with people he doesn’t know; he doesn’t speak their language,” said Joseph Hensley, a lawyer for the Mosers. “It’s going to be basically starting over for him. … It’s heartbreaking.”
Said by the lawyer for the parents whose adoption of the child was overturned in a 4-3 decision by the high court in Jasper County Wyoming. Yet that is exactly what happens in inter-country adoptions all the time – thousands each and every year – but when the shoe is on the other foot it becomes different? How can the argument be used to keep a child or remove a child? It makes no sense to me.
“Supreme Court judges said several steps were missing in that trial.
“The trial court plainly erred by entering judgment on the adoption petition and terminating mother’s parental rights without complying with the investigation and reporting requirements,” Judge Patricia Breckenridge wrote in the majority opinion. “The trial court’s judgment terminating mother’s parental rights, allowing the adoption to proceed without mother’s consent to the adoption … although supported by clear, cogent, and convincing evidence on the record, is reversed.”
Three judges went further and said the child should be reunited with his birth mother immediately.
“The tortuous path to the decision in this case — as said of the road to hell — may be paved with good intentions,” Judge Michael A. Wolff wrote. “But good intentions are not enough to justify what has happened in the course of this case, now in its fourth year.
“The courts of this state, including this court, and our treasured adversarial system of justice have failed this child, and his birth mother, and have ensured that, whatever the ultimate outcome, hearts will be broken.”