Monday, January 31, 2011

Court Sides with Detained Immigrant in Child Custody Case

Nancy Cambria writes for St. Louis Today:

An international custody battle between a Guatemalan mother and a Missouri couple who adopted her son while she was detained after an immigration raid will go back to a lower court to be resolved.

In a decision released Tuesday, the Missouri Supreme Court unanimously agreed that Encarnacion Romero's legal rights as a parent were unfairly terminated when a lower court failed to take proper legal steps.

The "manifest injustice" resulted in the adoption of the child to Seth and Melinda Moser, of Carthage, Mo., who have cared for the boy since he was an infant, the court said.

But the court was passionately split 4-3 on how to resolve who should get custody of the boy and when.

Most of the judges ruled that a lower court should rehear the case with new evidence before weighing whether to remove the child from the only parents he has known for most of his life. Read more...


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