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They were foster parents. Taking a parents rights away without due process is illegal.
This. Like it or not, you can't go around taking children from their legal parents and placing them with "better" parents unless the legal parents have surrendered custody or are abusive. The father didn't surrender custody, and there's no evidence he was abusive. His separation from his daughter was not voluntary. If the foster parents wanted adopt and give the child a stable childhood, they needed to get the biological father on board with the plan ahead of time, perhaps offering regular visitation or something of that sort, or a shared custody arrangement. It would have been irregular but there is plenty of precedent.
It's sad all around, but this sort of sad outcome is why you don't cut corners to bypass bio family when arranging adoptions in the first place.
It's easy to say "the adoptive family provides a better environment" but frankly, I bet almost any parents could find someone out there looking to adopt that was "better" by various metrics (wealth, education, family support, health, etc. etc.) Biology trumps all that, unless you want to head down a really slippery slope.
Except he wasn't able to care for her, because he was incarcerated, and his family didn't foster her. How long should a child have to wait for a family while father serves his time? A year? Two? Five? Ten? Eighteen years?
Except he wasn't able to care for her, because he was incarcerated, and his family didn't foster her. How long should a child have to wait for a family while father serves his time? A year? Two? Five? Ten? Eighteen years?
In this case, it was clearly three or less, so the hyperbole isn't really applicable.
It is possible to maintain a connection with someone who is incarcerated, if the people involved make an effort.
Like it or not, you can't go around taking children from their legal parents and placing them with "better" parents unless the legal parents have surrendered custody or are abusive. The father didn't surrender custody, and there's no evidence he was abusive. His separation from his daughter was not voluntary. If the foster parents wanted adopt and give the child a stable childhood, they needed to get the biological father on board with the plan ahead of time, perhaps offering regular visitation or something of that sort, or a shared custody arrangement. It would have been irregular but there is plenty of precedent.
It's sad all around, but this sort of sad outcome is why you don't cut corners to bypass bio family when arranging adoptions in the first place.
Agree 110%. The bio father isn't the only adult in this child's life that failed her. The lawyers involved in the adoption and the judge all failed her too. It is even possible that the adoptive parents were complicit in this as well. At a minimum they were blinded by the desire to have her for their own and just didn't question what the agency and the lawyers told them.
Now the situation is just tragic. As kokonutty said: "There is still an injured party here - the father who was harmed by the illegal, immoral acts of the judge. How is he made whole without harming the child?". And the sad truth is, he can't be. To make him whole by restoring custody would almost certainly harm the child.
So anyone who goes to prison, pays their court ordered debt to society, gets out, lives with family, trying to re-establish their lives has no right to be a parent to their biological child?
According to who? YOU?
.
Sometimes you shouldn't get a second chance.
Especially when it hurts other people.
Right after you just "paid" for hurting other people.
He had a chance to be a dad. Drugs/crime were more important.
We shouldn't risk a child's life and well-being gambling that drugs aren't more important anymore.
Sometimes you shouldn't get a second chance.
Especially when it hurts other people.
Right after you just "paid" for hurting other people.
He had a chance to be a dad. Drugs/crime were more important.
We shouldn't risk a child's life and well-being gambling that drugs aren't more important anymore.
Everyone who's committed a crime and/or used drugs should have their children taken away permanently?
Agree 110%. The bio father isn't the only adult in this child's life that failed her. The lawyers involved in the adoption and the judge all failed her too. It is even possible that the adoptive parents were complicit in this as well. At a minimum they were blinded by the desire to have her for their own and just didn't question what the agency and the lawyers told them.
Now the situation is just tragic. As kokonutty said: "There is still an injured party here - the father who was harmed by the illegal, immoral acts of the judge. How is he made whole without harming the child?". And the sad truth is, he can't be. To make him whole by restoring custody would almost certainly harm the child.
Yep. I'd think the closest thing to an all-around humane solution here would be some arrangement of joint custody, split custodial placement, and/or visitation rights between the adoptive/foster parents and the father, but if they're taking a hard line against him - and participated in having his parental rights terminated without his consent - that's going to be a hard row to hoe.
Legally, if the father cannot provide a safe environment for the child, or care properly for the child, then he shouldn't be getting custody and/or placement. But if he can do so, then he shouldn't have had all parental rights terminated in the first place - that's not done in cases where the parent is temporarily unable to care for the child.
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