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Update in the Salt Lake Tribune – USC decision…

19 Jan

Utah Supreme Court denies stay in married father’s adoption case

The Utah Supreme Court on Friday declined to stay a trial court judge’s order giving a married father custody of a child who was placed for adoption at birth without the father’s consent or knowledge. The court also set an expedited hearing for the appeal.

The high court on Tuesday had put a temporary hold on 4th District Court Judge Darold McDade’s decision giving Terry Achane custody of his 2-year-old daughter, Teleah. The toddler has lived with adoptive parents Jared and Kristi Frei since her birth.

Go read the rest of the story because I am unsure on what it means.  From what I understand, the Utah Supreme Court is going to hear the appeal, but at least they have set an expedited court date at the end of March.  It also appears that the original judge decides who Teleah stays with until then?  What a mess – who would keep a child from the legal father – especially just months after the birth, and now it is still going on.  Just not right.

Previous posts below…

Utah Court puts temporary hold on returning girl to dad

The Utah Supreme Court on Tuesday put a temporary hold on a trial court judge’s order giving a married father custody of his daughter, who was placed for adoption at birth without the father’s consent or knowledge.

Terry Achane, an Army drill sergeant stationed at Fort Jackson in South Carolina, was waiting in Dallas to board a plane bound for Utah, when he got the news. A hearing set for Wednesday in Provo’s 4th District Court, during which Achane expected to get custody of Teleah, his 2-year-old daughter, was canceled.

[…]

The high court said the provisional stay on the petition for emergency relief filed by the adoptive parents would give it “the time necessary to adjudicate the request for emergency relief,” but did not indicate how long that might take.

“It could be a day or two, it could be a week,” Wiser said.

I am so stunned that the only words I have, are ones that are so not nice…all I can say is it better be top of the agenda at the USC…go read the whole article.  While you are at it, read this article that details other prospective adoptive parents dealing with the same agency…Utah adoption agency accused of leaving trail of broken dreams, emptied wallets

Utah adoption saga: New questions as fight continues

The Salt Lake Tribune has learned the Utah adoption agency that arranged for a married father’s child to be given up at birth is under scrutiny by state licensing officials and the adoptive parents have acted on their pledge to try to block the toddler’s return to her dad.

Ken Stettler, licensing director for the Utah Department of Health and Human Services, told the Tribune that the Adoption Center of Choice has operated under a corrective action plan since September, when its license was extended but not renewed. The action was taken because of documentation deficiencies in some case files, Stettler said.

Important read – more about the agency, licensing, the timeline, the appeal, the different names the agency has done business under, requirements of advertising fees paid to another company…  Very interesting…

It also includes details about helping “either” family…

Father is ready to turn page on Utah adoption horror story

A 4th District Court judge says he is “astonished and deeply troubled” by a Utah adoption agency’s deliberate move to circumvent the rights of a married man whose daughter was adopted at birth without his knowledge.

The Provo judge, while noting the birth mother had deceived her husband, the adoption agency and the prospective parents, has given the adoptive couple 60 days to give the child back.

In a 48-page ruling, Judge Darold McDade said the Adoption Center of Choice’s policy of refusing to disclose any information to Terry Achane once he learned what had happened to his baby is “utterly indefensible.”

Go read the whole story – so wrong – no words…

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5 Comments

Posted by on January 19, 2013 in Adoption, adoptive parents, biological child, Ethics

 

Tags: , , , , ,

5 responses to “Update in the Salt Lake Tribune – USC decision…

  1. Valentine Logar

    January 19, 2013 at 4:42 pm

    this is entirely unconscionable. this man needs to have his child returned to him so both of them can continue with their lives, together.

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  2. jaggirl47

    January 20, 2013 at 7:09 am

    She should be going home to her actual father within the next 10 days. This is why they lifted the stay.

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    • Chelsea

      January 23, 2013 at 9:48 pm

      The father might have a right to raise this innocent child but if you look at “best interest” you have to think about how the Frei’s have raised happy, healthy children and the fact that Achane has never tried to establish a bond with this child, just wanting to snatch her away from the only family she has ever known. She will be incredibly frightened and he has done nothing to help her get to know him before he takes off with her. Also, he’s in the military and there are restrictions on his time as it is. Military does not take into consideration that this man will have a child to raise. When they call him back to duty, who will raise the child then? Daycare? Nanny? Just another stranger as this child gets passed around after the solid, loving foundation she has thrived in has been stripped away.

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      • TAO

        January 23, 2013 at 9:56 pm

        Chelsea – I approved your comment because it was polite. I disagree with your comment because from the start the Frei’s did the wrong thing, and have been the ones in the wrong the entire time. To have the audacity to state that a respected miltary man because of his job (making sure you have the freedoms that you have today) is not a good parent is disgraceful.

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      • jaggirl47

        January 23, 2013 at 10:16 pm

        First off, this family chose to take this risk and refused to give her back almost 2 years ago. Second, the family refused to allow contact. Terry was not given the contact info until after the ruling in November. Even with the court order they refused contact causing Terry’s lawyer to threaten contempt. Third, you happened to reply to a person who served almost 15 years in the Army and deployed as a single parent. Learn before making comments that show ignorance.

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