tazzygirl -> RE: Native American roots trump in adoption battle over toddler (1/9/2012 1:26:11 PM)
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quote:
In the end, courts either follow the law or they don't. While this story is heartbreaking, so was the mass kidnapping and attempted assimilation of native American children in this country. Personally, I would rather have the Protection Act. This pisses me off. quote:
When Veronica was four months old, in January 2010, Brown agreed in writing that he would not contest the adoption, Munday said. But within two weeks, he changed his mind and began petitioning for custody. South Carolina law ends a father's paternity rights when he has not provided pre-birth support or taken steps to be a father before and shortly after birth, Munday said. But the 1978 federal law that protects American Indian families from being separated trumped South Carolina law in an appellate court ruling issued in Columbia, South Carolina, on December 30, Munday said. He signed away his rightsm gave no support, then changed his mind. He had no choice but to use the federal law because he signed away his rights under state law. The federal law was to prevent children being taken away from parents. He gave that child away. He should have no standing in this case. And now they want a gag order?
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