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Announcing our NEW Attorney!
By The ODea Family | September 25, 2007
We’re so excited as we go to the appellate court to announce our new attorney, Mr. Daniel Drage, of Boyle & Drage, PC.
You might know who Daniel Drage is if you’ve read up on the Nikolas Thurnwald case which is taking place in Utah with none other than the LDS Family Services.
Supreme Court Rules in Favor of Father
In Utah, the Supreme Court decided that unwed fathers filing a paternity petition can have an extension to the current twenty four hour deadline if the baby is born on a weekend or holiday.
Currently Utah law states that the father of a child must file a petition claiming paternity to the child within twenty four hours of the child’s birth. Nikolas Thurnwald was trying to do this but a holiday did not allow him to file with in the twenty four hour deadline.
When his girlfriend (who was only identified by the initials A.E.) became unexpectedly pregnant, she and Nikolas made plans to parent the baby and even began buying a few baby items. But her family began to pressure her to place the baby for adoption. She went into labor early and gave birth on Saturday, September 4, 2004. Nikolas did not learn of the birth until an hour after. He immediately went to the hospital but was told that A.E. did not want to see him.
The birth fell on a Saturday. He could not file the petition on Sunday and then the courts were closed on Monday for Labor Day so the petition was filed on Tuesday, the first business day after the birth of the child. By this point, the mother had already relinquished custody of the child to an adoption agency.
At the hearing of the paternity petition, the courts ruled against Nikolas because he did not meet the twenty four hour deadline of filing the paternity petition.
Nikolas appealed the decision to the Supreme Court of Utah arguing that the legal deadline should be extended if it falls on a holiday or weekend.
In a 4-1 decision, the Supreme Court ruled in his favor stating that the deadline should be extended to the next business day if it falls on a weekend or holiday.
But it’s not over yet…..
Now the adoption agency is arguing that the nearly three year old child should remain with his adoptive parents as they are the only home he has known. So needless to say, there will be more battles as this custody battle is fought out in the courts.
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(Can you imagine, trying to take this man’s child over a technicality? LDS Family Services knew he wanted his child, the mother knew, the couple wanting to adopt had to know, yet an agency would sink so low to take a mans child from him in such a manner.)
We’d like to thank our former attorney Eric Barnes, a man of honor and conviction for taking us this far. It was felt it would be in Cody and his daughter’s best interest to get an appellate attorney as we head to the appellate court and we believe we could not have gotten a better attorney!
Topics: Adoption |
I understand where you are coming from in this case. I also understand why you feel wronged. I am not going to argue whether Utah’s law is just or not. I can see some real issues with the Putative Father Statute in situations like this where the birthfather lives out of state. I think you can make a strong argument for getting the law changed. Unfortunately, courts don’t make laws they simply interpret them.
You have lost in the trial courts. There is a Utah case on point involving another birthfather from out of state known as “Beltran”. If you haven’t heard of it already, you might ask Mr. Drage about it. This birthfather was in a similar situation. In any event, he didn’t file a Notice of Paternity in Utah either. He ended up losing the case. If I recall, this was a 4-1 decision of the Utah Supreme Court.
I suspect this appeal is not going to work. If you lose, you’ll be in the following situation:
1. No further review will be possible.
2. You will pay alot of money to Mr. Drage.
3. You will further anger and alienate the people raising your son.
My suggestion will not likely be received by you in a popular fashion. However, I’d consider dropping the appeal and trying to work out some type of open adoption arrangment with the couple. This would allow you (the birthfather) to have some type of relationship with your child. I suspect the adoptive parents would be willing to make some kind of a deal to end the litigation as well.
You may not like, but I fear this is the closest to a win/win/win situation for all the parties that may exist in this case.
Posted by: Mark on February 22nd, 2008 at 7:34 amTo Mark,
Mark, exactly what do you not understand here. The biological father wants to parent his own child. He does not want someone else to do it espicially an LDS family. The adoptive parents need to stop being so self centered and give this child back to the grieving family.
What is up with the LDS anyway.
There is a case in the Courts of Appeal right now it is against Scott and Karen Banks, owner of a very corrupt and unethical adoption agency. You can hear it on line. This case has also from the sounds of it been dragged out. We heard there were five judges in Logan, Utah. That the Banks had neglected and depending on what your defination of abuse is, dumped two adopted kids in Samoa to be raised by a native, a stranger to these two innocent kids who were pre-teen. Then another adopted Banks kid never got his teeth brushed and they fed him table scrapes. Geesh… why is a LDS family that is neglectful and criminal better than a family where the poor mother had post partim depression.
The mother never relinquished her rights to her daughter and neither did the father, yet the Banks told a civil judge that they had the relinqishments in writing. THAT IS FRAUD.
Posted by: LDS SUCKS on May 20th, 2009 at 3:53 pmThis true story makes me want to pull my hair out.
To Mark: UUUhh what makes you so sure that this can be worked out outside of the LAW. I think the Biological father tried that already when he tried to see his child after it was born but was denied due to a selfish bitch. Why did not this biological father not get visitation? This poor mand and his extended family have never even seen this child. UHHHHgggggggg.
They should win custody, why in the heck is the Mormon adoption agency standing in the way of a beautiful reunification? More importantly, who is paying their legal fees? Oh the Mormon church is paying the LDS adoption agency fees.
To LDS sucks, I heard of the case you are talking about. The Banks should not get near another adopted child! Another uggggg! They need to give that child back for another reunification.
By the way, I think L D S
S U C K S too!
Posted by: mother may I on May 26th, 2009 at 5:35 pm