[Overwhelmed!]

Ok, I just watched Larry King Live and he featured Dawn & Gene Scott, the adoptive couple that are fighting to keep the son, Evan, that they've had in their home for the past 3 years. I also read a brief article in the newspaper about this case last month.

I'm still unclear as to what exactly happened, other than the fact that it appears to have been a high risk placement because the biological father contested the adoption plan BEFORE the adoption was finalized (he contested approximately 13 days after Evan was placed in the Scott home). He was eventually found fit by the courts to be a parent but somehow this custody battle has been fought in the courts (with several appeals) for 3 years now.

Can anyone tell me why Evan was temporarily placed in the home of his biological mother, who terminated her parental rights long ago? I'm a bit confused about that.

Any thoughts on this high profile case? It was painful to watch on Larry King Live.

My heart goes out to little Evan for being caught in the middle of all of this!

[enchanted]

The Scotts are doing the television circuit I guess. They've pretty much exhausted all of their options at this point. It is a sad tale.

Evan's mother started fighting for custody from the Scotts about a year before Evan was moved. Up until that time she had supported the Scotts in the custody battle against Evan's dad. After it looked like Evan's dad would gain custody, Evan's mom Amanda decided to try and get joint custody with him. The Scotts say that she turned on him, however many here believe that she felt if Evan was not going to be with the Scotts then she wanted him with her. Usually what happens when the biological father contests an adoption is that custody is reverted back to the biological mother.

[Overwhelmed!]

Wow! Thanks for the clarification, Enchanted. I didn't realize that when the biological father contests an adoption that the custody is reverted back to the biological mother, even after she's terminated her parental rights. And I missed the part about Evan's biological mother deciding to fight for joint custody.

Are the Scott's trying to appeal again or are they truly out of options? They made it sound like, on Larry King Live, that they were still fighting in court to get Evan back. The home videos that they made (telling Evan that they would have to let him go) were so sad to watch!

It's so tragic when these situations happen and it's sensationalized cases like these that make some of us adopted parents terrified of what "could" happen.

I'd be interested in hearing opinions on how people think this case should have gone and why.

[rtsmom]

Overwhelmed!... There have been a few threads on Evan's case on this forum recently. Search for "Governor Bush Appeals Evan Case Decision" or "Dr. Phil's show is about Evan Scott Today" or "It's like 'Baby Richard' all over again..." for more details...

[Leigh131313]

Just a note...the adoption was squashed a couple years ago, it was never finalized....

The only reason I mention this is because i am sick and tired of uninformed people worrying that any adopted child could be taken back to the birthfamily.

Leigh

[dl]

I've watched several "news" show on this situation and I have mixed feelings about the entire mess. IMO, the true victim in this situation is the child. I can't believe the court did not appoint an attorney to sincerely represent the rights of the child.

[gabsdot]

I don't live in the US so the only information I have on this case is what I've read on drphil.com. However I can't beleive that any right minded person would think that it is in the best interest of Evan to be taken away from the only family he knows and given to strangers just because of a legal loophole or whatever it was that meant the adoption wasn't finalised. This little boy will suffer his whole life because of this. I think it's awful.

[AMom2Two]

I agree with dl and gabsdot, the rights of the child was not taken into consideration at all. This will impact his life forever.

I find fault with the state of Florida for allowing this child to stay in this adoptive home for 3 1/2 years. While I understand the rights of the bparents and the risks of the aparents, what about the child?

I feel the courts should have made a move when he was much younger, at the very least when parental rights were not terminated and custody was being sought.

The child paid the ultimate price, thanks to the courts lack of action, dragging their feet and worst of all, just not caring about the little boy and treating him as if he is an object without feelings. Grrrr.. I'll stop now... It's a very sad situation.

[scarlet52698]

Just to add an little more info. His biological parents were not "strangers" to him. He had visits with his birthfather where he would stay with him for a couple of weeks at a time. His birthmother was involved in his life as well.

Dateline did a show on this and the birthparents took a video of Evan 10 minutes after picking him up fromt he Scotts. He was laughing and hugging his birthfather, unlike the screams and tears we saw all over the news.

Not saying he won't be traumatized, I'm sure he will. But in this case his birthparents were not "strangers" to him and I think he reacted strongly to seeing the Scotts so upset.

It's a sad case all around.

[Overwhelmed!]

Originally Posted by rtsmom

Overwhelmed!... There have been a few threads on Evan's case on this forum recently. Search for "Governor Bush Appeals Evan Case Decision" or "Dr. Phil's show is about Evan Scott Today" or "It's like 'Baby Richard' all over again..." for more details...

rtsmom- Thanks for the names of the other recent forums on this. I've been interested in reading more about this case. This is indeed a sad situation for all involved. So, are the Scott's finished or are they still trying to appeal? I wonder if any followup will be done on how Evan is doing with his new environment?

[enchanted]

It was not a legal loophole that allowed Evan to be taken from the Scotts. It is one of the most basic rights that each of us, male or female, have, and that is the right to raise our own biological children if we choose, and have not been proven unfit in a court of law. It was the Scotts that tried to exploit the legal loopholes that might have allowed them to raise Evan even against the will of his biological father. The Scotts case was lost two years ago, yet the court proceedings and appeals have been dragged out, in the chance that there might be some loophole that would allow Evan to remain with them.

I don't think anyone in this case is right or wrong, to be honest. I think the Scotts were guilty of loving Evan with all of themselves, and that isn't a crime. For the courts to allow Evan to stay with the Scotts, however, would set a legal precedence regarding birth father rights, and when Evan grows up and has children someday he may find he is glad that our country protects a biological parent's right to raise their child, regardless of whether they are the mother or the father.

[HappyMomAnna]

Like DL--I too find myslef with mixed feelings about this case. As an adoptive parent my natural inclination is to feel complete compassion for the Scott's.... However, when I do get the details and understand the dynamics--I find myself asking Why they didn't step back sooner?

I hate the fact that this little boy (nearly the same age as Jeremiah) is being tossed around...to me this is a complete crime! But I do find myself angery with the Scott's more then any other players. I did not like the vedio they showed on Larry King with the Adoptive Fathers saying...."well, it is time for daddy to pack your things now..." and the mother saying, "we are going to do everything we can to bring you back home" I think these kinds of statments will rest in his little heart and make it so much more difficult for him to cope with the outcome.

It is ALWAYS a RISK to have a child in our homes until the Adoption is Final...Always... There are always things that CAN happen and as horrible as it really feels those of us adopting need to be careful and understand that nothing is done until the Fat Lady sings.... HARD and painful but this is really the bottom line.

We see these stories very often with Foster families who want to Adopt a child they have had from birth to whatever age.... And then for some reason the state reunites or places the child in a relatives home--or a different adoptive home... Nothing can or should minimize the hopeful adoptive families pain...but, Adoption is Risky for Adoptive families under nearly all circumstances....

I also feel that Birthfathers or In the CASE the FATHER should have his rights honored. I think in many ways that the system today is stomping on a man's rights to his child.

As an adoptive mother My main hope with our children was that both of their bithparents WERE in fact given every chance to do what they needed to do to keep their children... I needed to know that all the resources were offered and extended and given and that only after it was 100% clear that the birthparents would not make the effort or take the support then I felt more free to accept the termination of their rights.... As I rasie my children I can look them in the eyes and tell them that their mother loved them but had too many problems to be able to give them the kind of life a mother really wants her babies to have.... I don't think I could look my children in the eyes and say these words had there been a shred of doubt in my own mind.

I feel broken hearted for these adoptive parents--but I also wonder how they would have been able to explain to their son--that his birthfather wanted him and they made sure he didn't get him.... Our children grow up and eventaully make their own minds up about these kinds of things.... Can you imagine a reunion when this little boy was 18--and his birthfather showing him the extents he went to in order to have the right to be his father?

I think the adoptee needs to know the whole story at some point...I personally would not want to be a parent who had to tell him this one.

[RiverGal]

Judge Rules that 3 Year Old Child Will Lose His Family

Hope this link works...

This thread was from last year when Dawn and Amanda were still working together. It got a little heated and was closed, but has some history.

I also thought the video footage was sad...possibly for other reasons. What I saw was an innocent child being needled and pushed until he finally snapped. How anyone can call that "in his best interest" is beyond me. In many ways, that little boy has been abused...by the system who failed him from day one, the Scotts, who did not (IMO) try to help him in the transition, and seemed more concerned over his reaction "as an adult" than as a displaced, confused toddler. I was highly supportive of the Scott's position until I saw that, now I am just sick.

I think of the adoptive moms here who have had failed/possibly failing placements...and the grace in which they handled it, putting the children first, in spite of the pain. To hear some of the things the Scott's said to Evan made my blood boil. Go read the other threads.

Keep in mind that the Scotts (and Amanda) were aware of the possible outcome as soon as biodad filed...they were hardly blindsided.

In my opinion, the only victim here is Evan, himself. He was the only party without a voice.

~Deb

[Support2Adopt]

I know someone who was in a similiar situation. From the beginning, the BIrthfather stated he wanted to keep the baby, but the adoption facilitator told my friend not to worry about it and how he would never follow through. He did. They had to turn the child over to the BIrthfather when the child was two years old. (That's how long it took for the custody battle.)
JJ

[MNelson]

Originally Posted by enchanted

Usually what happens when the biological father contests an adoption is that custody is reverted back to the biological mother.

I'd just like to clarify this, without mitigating circumstances, what usually happens is that it becomes contested custody, not automatic return to biological mother (which in current climate is still most likely returning to biological mother).