Baby wound up in SC with little more than a car seat and a diaper bag
Posted in the Charleston Forum
Since: Aug 10
#1 Sep 18, 2013
Sept 17th 2013 -- At a closed-door hearing last week in Oklahoma County,(Oklahoma) Judge Allen Welch granted custody of the infant girl “Deseray” to the Absentee Shawnee Tribe and ordered her return to Oklahoma. The baby had been unlawfully removed from Oklahoma in June by the Bixler family (a husband & wife) of South Carolina, in violation of the Indian Child Welfare Act and Oklahoma state law.
The Bixlers are represented by Raymond Godwin and Nightlight Christian Adoptions of Greenville, the same attorney and agency who represented Matt and Melanie Capobianco in the adoption of Veronica Brown.
Charles Tripp, attorney for the Absentee Shawnee Tribe of Oklahoma, said the Bixlers took Deseray when she was only a few weeks old with no custody orders or paperwork of any kind authorizing them to take the child out of state, which is tantamount to kidnapping, for which they could face federal criminal charges. The tribe is seeking domestication and enforcement of Oklahoma orders in South Carolina so that Deseray can be returned home for further proceedings in regards to her custodial placement.
Tripp, who is managing partner of Oklahoma-based law firm Legal Associates for Indian Country, said the removal of Deseray with no legal framework for her adoption is nearly Dickensian in its bald violation of state and federal laws.
“They literally paid their money and split with the kid,” said Tripp.“The big issue here is the wholesale auction of Indian children—but right now we're focusing on getting this little girl back to Oklahoma and transferring the case to Absentee Shawnee tribal court so we can make a determination as to where she is best served.”
In May, the Bixlers had gone to Stillwater, Oklahoma, for the birth of Deseray, whose parents had split several months before she was born. At the hearing last week in Oklahoma county, Paul Swain, the Tulsa attorney who represents the Bixlers, told Judge Welch that the reason the couple went back to South Carolina with no custody order was simply because the Bixlers were tired of waiting for the paperwork to be finalized and that “Mr. Bixler needed to get back to work.”
When asked about the current whereabouts of the infant girl as rumors had been swirling that she had been “re-homed” with another couple, Swain hedged.
“She's in South Carolina,” he told the court. Welch was not impressed. Finally, after several vague answers, Swain said that the girl is still with the Bixlers. Judge Welch then removed Swain from the case, granted the tribe custody and ordered the immediate return of the baby, who turned four months old last week.
This is verbatim from the article published at the above link. I didn't write that article but I believe what I read. I do understand that an average citizen in South Carolina wouldn't even dream of doing such things as spending $30,000-50,000 to adopt an "Indian Child" from Oklahoma whose father wants their child. Yet still it is happening.
Please open your eyes, your minds and your hearts and let's stop the child trafficking in America's 21st Century.
Since: Aug 10
#2 Sep 18, 2013
Part II: The Unraveling of the Relationship between an Oklahoma attorney who "subcontracted" for Godwin (Keeping in mind the technique is down pat enough that the OK attorney actually got himself appointed Deseray's Guardian to speed the adoption along -- and now the "attorney guardian" is "distancing" himself from the SC adoption broker)
Also want to say Citizens of OK are as disgusted with our local attorneys as we are with South Carolina attorneys.$50,000 is a lot of money all IMHO.
Part II from the link: http://indiancountrytodaymedianetwork.com/201...
In May, the Bixlers drove to Oklahoma from South Carolina to attend Deseray's birth at Stillwater Medical Center. Godwin had “subcontracted” Tulsa-based attorney Mike Yeksavich to handle some of the paperwork, though they later had a falling out over fees and responsibilities. At the time, Yeksavich asked the court to appoint him at the girl's legal guardian, apparently in order to finalize the adoption.
But he has since distanced himself from Godwin, claiming that the responsibility for the paperwork fell squarely on Godwin's shoulders. As the two attorneys squabbled over money and “assigned duties,” the Bixlers cleared out of Oklahoma, taking Baby Deseray with them back to South Carolina with no legal authority whatsoever to do so.
Before they had even pulled into their driveway in Irmo, South Carolina, papers had already been filed in Greenville by Godwin to finalize the adoption.
It was there that a South Carolina family court judge finally caught on to what was happening. Right off the bat, the judge realized that no Interstate Custody for the Protection of Children (ICPC) paperwork had been filed. In fact, no other paperwork had been filed save for the documents from Raymond Godwin's office.
With no ICPC filing in place, the South Carolina judge refused to finalize the adoption. In Tulsa, Mike Nomura, director for the State of Oklahoma ICPC, was aware of the lack of due diligence and made his irritation known to all parties, including Yeksavich and Godwin.
Seeing the handwriting on the wall, Yeksavich subsequently sent a heated letter to Godwin demanding the return of Deseray.
“...I told [Nomura] I will not [file an ICPC request for the Bixlers] as I do not agree with placement with your clients and the termination case has been dismissed. He thinks I still have 'custody' of the child...this is a demand for your clients to return the child to Oklahoma and surrender physical possession of the child and advise what date your clients will be in Oklahoma with the child.”
Meanwhile, the lawyers for the Absentee Shawnee went to court to enforce the Indian Child Welfare Act, setting the stage for another epic, interstate custody battle between an Oklahoma Indian tribe and the state of South Carolina.
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