A day of heartbreak for Child Welfare law people
Evan Scott:
Evan Scott, once again, is being battled over in a case that will most likely result in more upheaval for the little 4 year old.
I hate to say it, but this is one of those times when the emotional side of me wants to rant and rave in the legal realm and to try to use sociology a little (ok, a hell of a lot) more in the courtrooms. I admit, too much sociology and statistical data can be overwhelming and, often, misleading in the courtroom. However, it would not take much statistical/sociological presentation to show that the likelihood of recidivism in the biological parents' homes would result in an atmosphere that is not in the best interests of Evan. In fact, data strongly shows that Evan, if given to the custody of either one of his biological parents, will very likely face abuse at home. There is already a history of possible child abuse, domestic violence (huge studies on the effects of that on a child! the judge must simply be ignoring that), substance abuse, convictions and incarceration.
All the while, a loving family in Florida who raised Evan for the first three and a half years of his life and who tried to adopt him have absolutely no say in his custody or in what meets his best interests.
I understand the need to uphold the very fundamental rights of parents to parent their children; however, many judges continue to put the rights of the parents over the safety and best interests of the child. Is that because the parent will appeal and the child won't? Should it not be consistent that, if the state can step in to administer medical treatment over a parent's fundamental right to choose how to care for their child, then the state could step in to pull a child out a situation in which the child has already been physically hurt and risks much more (almost guaranteed) harm in the future? How long can abusers continue to abuse before Judges take judicial notice of the repetitive nature of such action? So much chaos over such an innocent little person--it breaks my heart. One day--best interest determinations will be more consistent and will actually favor the child.
Evan Scott, once again, is being battled over in a case that will most likely result in more upheaval for the little 4 year old.
I hate to say it, but this is one of those times when the emotional side of me wants to rant and rave in the legal realm and to try to use sociology a little (ok, a hell of a lot) more in the courtrooms. I admit, too much sociology and statistical data can be overwhelming and, often, misleading in the courtroom. However, it would not take much statistical/sociological presentation to show that the likelihood of recidivism in the biological parents' homes would result in an atmosphere that is not in the best interests of Evan. In fact, data strongly shows that Evan, if given to the custody of either one of his biological parents, will very likely face abuse at home. There is already a history of possible child abuse, domestic violence (huge studies on the effects of that on a child! the judge must simply be ignoring that), substance abuse, convictions and incarceration.
All the while, a loving family in Florida who raised Evan for the first three and a half years of his life and who tried to adopt him have absolutely no say in his custody or in what meets his best interests.
I understand the need to uphold the very fundamental rights of parents to parent their children; however, many judges continue to put the rights of the parents over the safety and best interests of the child. Is that because the parent will appeal and the child won't? Should it not be consistent that, if the state can step in to administer medical treatment over a parent's fundamental right to choose how to care for their child, then the state could step in to pull a child out a situation in which the child has already been physically hurt and risks much more (almost guaranteed) harm in the future? How long can abusers continue to abuse before Judges take judicial notice of the repetitive nature of such action? So much chaos over such an innocent little person--it breaks my heart. One day--best interest determinations will be more consistent and will actually favor the child.
posted by Nik | 4:27 PM
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