Lawrence County

 

 

        My daughter was born June 18, 1993. I loved and cherished her for 14 months before she disappeared with her mother in August 1994. Her mother's house was always filthy and unhealthful and I had complained for over a year about it. We were never married. In early August of 1994 I notified her mother that I was going to seek sole custody. The next week I went for my visitation, they were gone. No forwarding address or any indication that they were leaving. I was told by the police that because I didn't have a court document stating that I had "visitation rights" it was not parental kidnapping. I set out to locate them myself financed on my measly pay check. I managed to track them to 17 different addresses in 6 different counties in Missouri. Each time I arrived at the "new" address they were already gone. I had contacted the county DFS as well as the state office in Jefferson City but they refuse to help me because of  "confidentiality".

        When I finally located my daughter on March 21, 2001, she was in the state's custody in a foster home in Pierce City, Mo. I thought all I had to do was go to the court in Lawrence County and prove that she was my daughter and they would turn her over to me, right? Wrong, first they had to be sure that I was a "fit parent". There was a written service agreement, a criminal background check, a psychological evaluation, and eventually a court date set. But before the court date there was a petition filed to terminate my parental rights based on "abandonment".

        I hired an attorney and gathered my evidence of visitation and what child support I had paid during the time I had visits with her as I could not send support to an address that I did not know. The Lawrence County court ruled to terminate my rights for "abuse and neglect". 

        In the judgement it stated that the "parents" abused and neglected the child and the father failed to pay child support for 8 yrs and thus termination of "parental rights" was justified. The "court appointed" attorney for the mother told her that because she could not pay $5,000.00, she could not appeal. My attorney was not "appointed" and I did appeal as this was grossly wrong.

        The Southern District Court of Appeals of Missouri said " While neglect was mentioned in the petition, it was clearly alleging facts that pertained solely to the termination of Mother's rights. The petition made no allegation that Father had neglected, abused, or caused [child] to come into the care and custody of DFS, yet these were all reasons for termination asserted in the juvenile court's ruling. The juvenile court did not make a finding that Father had abandoned [child]. If, as Respondent contends, this case was based on abandonment, the order does not "meet the requirement of Section 211.482 RSMo because it contains no finding of fact that appellant, without good cause, left [child] without any provision for support and without any communication or visitation. We reverse and remand the case for further proceedings. Due to the erroneous termination of Father's parental rights, the subsequent order granting Respondents petition for adoption also requires reversal."

 [case number: SD25940  This opinion web address is listed below, see for yourself.]

 

 

         This decision was handed down on July 8, 2004. On July 9, 2004 attorney for the "adoptive parents" filed a "Notice to Take up Proposed Judgement" via facsimile. A second " Notice" of the same was filed on July 12, 2004, both referencing a hearing to be held on July 14, 2004. On that date the juvenile court entered it's judgement terminating my rights once again, substituting abandonment for abuse and neglect. It is noted that the court did not take additional evidence nor was I present at the hearing as I was unaware of it, I did not receive proper notice. I filed a motion for a new trial which was overruled by the trial court. I filed another appeal alleging that the trial court had no jurisdiction to enter any orders until the appellate court mandate was handed down on July 27, 2004.

        The Southern District Court of Appeals of Missouri said "The law is clear on this issue. The trial court lost all jurisdiction in this matter subsequent to the filing of the appeal and did not regain jurisdiction until our mandate was issued. As abhorrent as it is to delay the ultimate decision regarding this child,we have no choice but to dismiss this appeal because the trial court did not have jurisdiction to enter it's judgement."

 

        Foot note on this appeal reads; In E.F.B.D.  I , this court indicated the case was remanded for "further proceedings." We note that the potential adoptive parents simply substituted language in a proposed amended judgement and purported to give notice to Father for a "review hearing" five days later. As the original termination petition was filed on August 2, 2002, and almost three years later no decision has yet to be made on the merits of Father's claims, it would behoove the court and all of the parties to use their best efforts to assure themselves that a judgement, which complies with the law both procedurally and factually, is available for review by this Court. If the issues raised by Father were not clear at the time of the original hearing, they certainly should be clear after two separate remands.

 [case number: SD26660   This opinion web address is listed below, see for yourself.]

 

 http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/8e9cf9437842697b86257035006876d0?OpenDocument&Highlight=0,26660 

 

        As of  today, January 8, 2006,  we are still waiting on a court date from the trial court. I don't know what to do to stop this. I do know what they are doing in Lawrence County Missouri is wrong for any family. By the way, the Mother's first "appointed attorney" is now Sen. Jack Goodman R- Dist. 29 and her second "appointed attorney" is now Hon. Shelly Sago-Meyer, Municipal Court, Pierce City, Mo.

 

Sincerely;

Steve Barton

Belton, Mo.