On Thursday, August 5, 1993 at 3:22:48 PM UTC-7, jan...@iastate.edu wrote:

I will try to repost the summary of events as I didn't save the origional
and it has expired on my server If it exists on someone elses server please repost it as I don't have the time to put it all back on.
But one thing I want to make clear is
THERE HAS NEVER BEEN AN ADOPTION.
THERE WAS ONLY AN ATTEMPT AT ADOPTION.
First the laws,
Michigan does not allow private (non agency) adoptions.
Iowa does but no adoption may start less than 72 hours after the birth
of the child or be finalized less than 6 months after the birth of the child. Could this be why the DeBoers came to Iowa ? (because they could not do
under Michigan law what they tried to do in Iowa).
Iowa law also recognizes that the father maintains all rights and responsibilities until 18 unless he surrenders them or is declared an unfit parent.
The child is born. Claussen names current boyfreind as father rather than Schmidt (former boyfreind). Claussen signs away rights at about 40 hours
with one attorney representing all parties. If this is like most ads for private adoptions I've seen in student papers here, The adopting pay the attorney. DeBoers then take the child to Michigan. Claussen tells Schmidt, they then challenge adoption within 3 weeks. I've read there were difficulties
getting the blood and paternity tests done.
Heard in Iowa district courts. Judgement Schmidts rights were never terminated
Clausens right were terminated. NO ADDOPTION IS EVER POSSIBLE.
Judgement stayed pending appeal.
Heard in appeals court. Judgement NO ADOPTION IS POSSIBLE. Schmidts rights were never terminated. Claussens rights were reinstated, (remember the 72 hour rule. Judgement stayed pending appeal.
Heard in Iowa Supreme Court. Judgement NO ADOPTION IS EVER POSSIBLE.
LOWER COURT ERRED IN ALLOWING THE DEBOERS TO HAVE COSTODY DURING APPEALS. Claussen and Schmidt are by now married. DeBoers now are ordered to
return child by a certain date. Date passes and DeBoers do not show.
Freinds are quoted that the DeBoers fear travelling through Iowa as they
are subject to Immediate arrest and jail I beleive the minimum is 6 months) for contempt of court.
DeBoers now file in Michigan. Remember that Michigan does not allow private adoptions. The DeBoers seem to have been following a pattern of waiting till the last minute and appealing.
It was about this time it was reported in the paper Des Moines Register that Deboers had sold their rights to the story. Schmidts were reported to have refused to discuss sellling the story.
Schmidt's appeal to appeals court with the arguments that it was decided in Iowa, No adoption was ever possible, Michigan had no juristiction, DeBoer's had
no standing as a previous Michigan Supreme court decision was in the absence of
the biological parentsd being declared unfit or surrendering their rights, no one else has the right to custody of the child.
Case was heard in lower and appeals courts at about the same time.
Deboers alleged that Schmidt was an unfit parent as he had had limited contact
with his son (with his ex-wife), his daughter (which he claims he first found out about when he was sued for child support when the child was 5), and that Claussen had lied about the father. Schmidt's attorney counter with DeBoer's stating he had never been convicted of a crime, though technically the conviction for burglury was expunged. DeBoers primary argument seems to be since the child has been with them so long it is in the best interest of the child to stay with the DeBoers. Agee (the lower court judge) rules
custody for DeBoers.
Appeals court rules No standing , no juristiction, Already decided in
Iowa. Lower Court erred in accepting case. Stayed for 21 days pending appeal. About here Schmidt visits with the child for first time.
Michigan Supreme court agrees to hear when appeal is filed (approximartely 19 days into stay.) Judgement No adoption, no standing. no juristiction. Stayed pending appeal.
Supreme court Justice Stevens declines to hear case. No Law in Iowa, Michigan, or the United States would give costody to DeBoers (paraphrase). Entire court issues oppinion (not judgement because they are refusing to
take the case.) that reinforces Stevens.
DeBoers are said to want to bring the child to Iowa. Schmidts say that it will
take place in Ann Arbor. Remember the DeBoers are subject to arrest in Iowa and will remain so until the Schmidt's request the warrent be set aside.
Case has now been heard by over 30 judges with only 3? ruling for the DeBoers.
Entirety of claim for the child seems to be because we have had her so long, she's ours.

Thought

Justice delayed is justice denied.

Please note this is all from memory of what was reported. Please check your facts at the door.
If tyou disagree with anything I posted please post your point and source here.
I will gladly admit any error of fact.

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