Another Utah/ A Act of Love Domestic Adoption Debacle UPDATED
One guess on who is representing the adoption agency….
This time the biological mother and father are from Florida. The biological father registered on the Putative Father registry in Florida. When he heard that his pregnant girlfriend was going to “travel” to Arizona and Utah near the birth of his child, he registered in Arizona and attempted to register in Utah. Read on…
“A Florida man’s court fight to gain custody of his daughter, given up for adoption after her January 2010 birth, may hinge on whether he is allowed to argue a state employee’s delay in registering his paternity notice violated his due process rights.
Did Utah four-day work week cost dad rights to his child?
[The Salt Lake City Tribune 9/7/11 by Brooke Adams]
REFORM Puzzle Piece
Update: “In a 3-2 decision, the Utah Supreme Court has found that Utah’s adoption law was “constitutionally defective” in depriving a Florida father a “meaningful chance” to develop a relationship with his child after a notice of paternity he filed was not recorded in a timely manner because of the state’s then four-day workweek and a federal holiday.
The high court reversed a decision by a trial judge who found that Ramsey Shaud had acted too late to stop the adoption of his daughter, born in January 2010. The justices sent the case back to the lower court to reconsider whether the Utah Office Vital Records and Statistics received Shaud’s paternity notice before the child’s mother placed her for adoption.
Shaud alleges, the court noted, that he attempted to protect his parental rights in a timely fashion but that the office “negligently delayed” entry of his notice in the state’s paternity registry, which the trial judge used as a basis of finding he had moved too late to have any say in his daughter’s adoption.
“We conclude that the district court’s interpretation of the [adoption act’s] strict compliance standard poses an unacceptable risk of erroneous deprivation of unwed fathers’ rights,” the court said. It also said that protecting the state’s compelling interest in timely adoption decisions did not require that a paternity petition be considered filed only at the time it was entered into the registry.
“Rather, we hold that Mr. Shaud’s notice must be considered filed when Vital Records received it, because, at that point, Mr. Shaud had done all that he could to strictly comply with the act,” the court said.
The opinion was written by Justice Christine Durham, who was joined by Justices Ronald Nehring and Jill Parrish. Chief Justice Matthew Durrant and Justice Thomas Lee dissented.
The court heard oral arguments in the case in September 2011. It issued the decision Friday, but it was not posted on the court’s website until Tuesday after The Salt Lake Tribune inquired about the ruling.
“I honestly never thought this day would come!” Shaud said Tuesday. “All I can do is smile. … [It has] restored my faith in the judicial system out there, and I look forward to getting our case going in the lower court.”
Daniel Drage, his attorney, praised the justices for thoroughly considering the constitutional implications and due-process pitfalls of Utah’s current adoption law. Drage said he and his client were looking forward to getting back in court for a hearing to “establish that he has perfected his rights as a father, that notice was timely received by the Bureau of Vital Records and that he will have an opportunity to be a father to his daughter.”
While the decision assures Shaud, 26, a shot at making the argument that he acted in time to protect his parental rights, it does not guarantee he’ll get to parent his child — a matter that will likely involve numerous additional court hearings in which his fitness as a parent will be weighed against those of the child’s adoptive parents and what is in the child’s best interests.”
Florida Allegations
Shaud is involved in another case in Florida that may impact his bid to get his daughter back. “Ramsey Shaud faces an additional legal battle in his home state of Florida, where he was charged this summer with false imprisonment and battery after an argument with a girlfriend.
According to a warrant, the woman chucked a shoe at Shaud after he questioned her fidelity. He then responded by grabbing her and pushing her against a wall. The police report says Shaud also punched her cheek. She broke free, ran into a bedroom and tried to climb out a window but Shaud stopped her.
A struggle continued and the woman alleges Shaud punched her in the head several more times before she was able to escape again to a bathroom, the report states. She then managed to talk Shuad into allowing her to leave and later filed a police report about the altercation.
Shaud was arrested Sept. 25, booked into jail and then released on bond. Shaud was later charged with contempt of court for violating his bond conditions after exchanging text messages with the woman. He has pleaded not guilty. A court hearing is set for next month.
Shaud declined to speak at length about the incident because the case is still pending, but he denied hitting the woman.
“I do maintain my innocence,” he said. “I am not guilty of the charges I’m accused of. I didn’t do that.”
Utah Supreme Court: Florida man gets a shot at being a dad
[Salt Lake Tribune 11/27/12 by Brooke Adams]

Recent Comments