a. Someone obviously made a major blunder in this case. From infancy, Baby Richard lived with one

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a. Someone obviously made a major blunder in this case. From infancy, Baby Richard lived with one set of adults. Years later he is forced to live with other adults. Who does Justice Heiple say is to blame? Why? Which of the following cast of characters do you think is to blame and why: the natural mother, her attorney, the relatives of the natural mother, her social worker, the natural father, his attorney, the adoptive parents, their attorney, Baby Richard’s guardian ad litem, the trial court (which granted the adoption), the appellate court

(which said it was in the best interests of the child that he go with the Does), the Supreme Court of Illinois (which gave the child to his natural father)?

b. What do you think of the quality of the legal representation given to the Does by their attorney?

c. In chapter 9 we learned that custody decisions are based on the best interests of the child. Did this case say that the best interests of the child are irrelevant?

d. What do you think could have been done to avoid this tragedy?

e. Is it relevant that Daniella married Otakar and therefore agreed with him that the adoption should be set aside?

f. Do you think it was wise for Justice Heiple to attack Bob Greene as a journalistic terrorist?

g. Justice Heiple said, “It will not be an insurmountable trauma for a three-yearold child to be returned, at last, to his natural parents who want to raise him as their own.” Do you agree? If Justice Heiple thought the trauma would be insurmountable, would he have ruled differently? Recall that he said the best interests of the child were irrelevant in this case.

h. Rich and Paula Davis are the natural parents of John. Following a divorce, Rich is granted custody of John. Rich illegally takes John to another state, where his girlfriend adopts him. During the adoption proceeding, Rich falsely tells the court that John’s mother, Paula, is dead. Paula, therefore, never receives notice of the adoption proceeding. Years later, after the passing of the statute of limitations, Paula learns about the adoption for the first time. Can she still challenge the adoption? How would this case be decided in Illinois in view of In re Petition of Doe?

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Null Family Law Cases And Materials

ISBN: 9781599415741

5th Edition

Authors: Judith Areen , Milton C Regan

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