Missouri Supreme Court announces ruling in controversial Child Custody case

On behalf of The Marks Law Firm, L.L.C. posted in Child Custody on Wednesday, January 26, 2011

We have been following the controversial case over the custody of a 4-year-old boy who was adopted while his illegal immigrant mother was incarcerated for falsifying documents to gain employment in the United States.

The Missouri Supreme Court announced their ruling in the child custody case this Tuesday and held that Missouri state law was not properly followed in the termination of the parental rights of the illegal immigrant mother. The January 25, 2011 ruling consisted of a decision in favor of the immigrant parent, but it did not mean that the child would be immediately returned if at all to his biological mother.

The court requested that the parties complete the mandatory reports on the adoptive parents, child and biological mother in order to make an accurate and comprehensive determination in the new trial ordered by the court.

The judge who authored the majority opinion in the case wrote “every member of this court agrees that this case is a travesty in its egregious procedural errors, its long duration and its impact on mother, adoptive parents and, most importantly, child.”

Although the case is a battle over the custody of the child, there is not a lack of love for the young, vibrant boy. The case has been filled with emotion as it gained media attention across the nation.

The court’s decision was not unanimous as three dissenting judges made it clear that they would have reversed the adoption entirely and held a hearing only to determine when and how to transition the boy back to life with his biological mother.

Source: The Associated Press, “Mo. court sides with immigrant in adoption appeal“, 1/25/11

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