NC judge could terminate parental rights of deported worker, put US-born sons up for adoption

[Judi Lynn]

Source: Associated Press

NC judge could terminate parental rights of deported worker, put US-born sons up for adoption
Article by: MICHAEL BIESECKER and GOSIA WOZNIACKA , Associated Press
Updated: March 9, 2012 - 1:47 PM

RALEIGH, N.C. - When immigration agents deported Felipe Montes to Mexico two years ago, his three young sons were left in the care of their mentally ill, American-born mother in a small North Carolina mountain town.

Despite immigration policies that allow for the release of primary caregivers, federal authorities worked swiftly to expel Montes. Within two weeks, social workers placed the boys in foster care.

Child welfare officials are now asking a judge to strip Montes of his parental rights, reasoning it's better for the children to live with strangers in the country where they were born than with their father in Mexico. Such a ruling could clear the way for their adoption.

That would be unfathomable to Montes, whose only brushes with the law were a string of traffic violations.


Read more: http://www.startribune.com/nation/142093133.html

[ScreamingMeemie]

1. That is insane. No words really.

Just frigging insane.

[postulater]

2. Holy mother of god! Nt

[Xipe Totec]

3. I see that human trafficking is alive and well in this country. nt

[Justice wanted]

4. Brilliant! America-where families are broken apart.

[Comrade Grumpy]

5. This is really fucking ugly. Comprehensive immigration reform now!

No more perpetual "secure the borders first" bullshit.

[Sanity Claws]

6. This judge obviously does not believe in Karma

How could anyone deprive children of their parents for political reasons? Something is missing in that person.

[FiveGoodMen]

15. That's because there is no Karma

If we can't do something about monsters like him, then nothing will be done.

[happyslug]

34. Is it April 5th already??? I need a new Calendar...

The judge will NOT make his or her decision till 5th. The only concern with sending the child back to the father is the lack of running water at the father's present address in rural Mexico (the house has electricity).

http://www.huffingtonpost.com/2012/03/09/nc-deportation-case-highl_0_n_1335779.html

I know enough about family law to say the only reason we maybe hearing this case is the foster parents may want to adopt the three children. The reason I say that is simple, most children agencies will gladly send the child to the father, especially since there is a report from the Mexican Children protective service that they found the father's house fit (the lack of water is a concern even in Mexico, but such homes exist in every state of the US so NOT that big of a concern). Thus I do NOT see any reason why the Judge will NOT order the Children to Mexico and their Father, but the foster parents can put pressure on the Carolina Child Protective Services, for this is they best chance to adopt a child. The reason for the want to adopt can be that the foster parents have had the Children in their lives for several months and feel real affection to the children, and now they are "losing" them.

As to the delay in sending the children to their father, that has more to do with the investigation to make sure the children are being returned to a safe environment then anything else.

One comment on the Huffington Post Article, it mentioned that the lawyer was looking into dual citizenship for these Children. Since they were all born in the US, they already have US citizenship, and my understanding of Mexican law, since they father was a Mexican, they have Mexican Citizenship (Mexico does nationality citizenship, not residential citizenship as does the US).

[Solly Mack]

7. That is beyond fucked up.

"The foster couple caring for the older boys has expressed an interest in adopting them, Shumate said." (Hmmm...)

[saras]

17. and the "beyond" and "up" can easily go away

[asjr]

8. "child welfare" officials? They are the ones mentally ill.

[LynneSin]

9. Trust me, if these were 3 fetuses it would be a different scenario

Since we do everything to protect the fetuses but screw the children that are born of them!

[Snake Alchemist]

10. I do not understand why they won't let these children move to Mexico unless there is more to the

story. nt

[Throckmorton]

29. Does the father want them with him in Mexico?

I didn't see where it said anything one way or another?
Will the Mexican Government let them in?

[cstanleytech]

52. I dont see why the mexican government would object, they are after all children of a mexican citizen

arent they? So the US should just turn them over to him and let their father raise them and then later on they can decide if they want to move back here when they are adults since they have US citizenship.

[Snake Alchemist]

11. Ah, wanted to take advantage of the opportunity, but not do it legally.

"Three years after Montes came to the U.S., he married a North Carolina native and the couple rented a trailer near Sparta, a town of about 2,000. The marriage made him eligible for legal immigration status, but he didn't undertake the lengthy, expensive process."

Still should let the kids go to Mexico.

[EFerrari]

21. How do you know what this father wanted?

He probably just didn't have the money.

[Snake Alchemist]

27. either he was picked up by an errant wind our he wanted to live in the US. nt

[bitchkitty]

30. What part of "maybe he didn't have the money"

don't you understand? Are you channeling Marie Antoinette, or are you just an asshole?

[Snake Alchemist]

33. If you choose to drive, but don't want to pay for your car registration or insurance

is it considered forgivable?

[bitchkitty]

36. If I am trying to feed my children,

you're goddamned right it's forgiveable. What are you, Mr. Perfect? And who the hell are you to pass judgement anyway, the Highway Freaking Patrol? Jesus!

[Snake Alchemist]

39. No seat belts in your car: I'm trying to feed my family! nt

[bitchkitty]

40. No money for insurance: lose your children! n/t

[Snake Alchemist]

41. yes, if you can't pay for required safety measures

For your kids and others than you probably should not be allowed to keep your children.

[bitchkitty]

42. I am not a religious woman,

but right now I'm praying hard that you do not have children, and that you never subject the world to your genes by having them in the future.

That's all I have to say to you. Congratulations for being the first person that I have ever blocked.

[Snake Alchemist]

44. yes an adopted daughter and I hope that if

I ever can't afford a car registration or a catalytic converter, I will have found someone else to take them in and care for them properly.

[joshcryer]

46. My brother has got a Filipino wife, it has costed over $5000 so far.

You've got to be kidding me. They need cash payments, up front. INS cost just to file for legal status (permanent residency) is $1000 on its own.

[Smilo]

12. And yet in other places they

do everything they can to keep the children and birth parents together even though it is obvious it is not in the best interests of the children.

Something stinks with this........ who are the foster parents and are they wanting to adopt?

[truebrit71]

13. Un-fucking-believable...

..

[JBoy]

14. Could you imagine another country kicking an American out and putting his kids up for adoption?

People would be demanding an invasion.

[westburbswimmer]

16. Where is the family values crowd?

Where is the "family values" crowd? They should be defending these people and screaming about the sanctity of the parent child relationship just like the did for Elian Gonzales and his father.

Oh wait, that didn't happen. Turns out I even wrote Dobson about that and the response was essentially that they hate communism more than they love the parent-child relationship. My guess is they hate immigrants more too.

[Bryn]

18. No better than when US had slavery

Lots of families were torn apart when slaveowners sold/bought slaves.

[radhika]

19. Our nation is unhinged, totally deranged...

Stripping parental rights from a (presumably decent) willing father makes my head spin. Seems it is currently beyond our consciousness as a nation to allow this family some modest gifts of grace. Like, allow the father to stay here, possibly help the family with social services to stabilize the children's life without a functional co-parent (mom).

Why does America always pick the ugly way out?

[boppers]

20. Two *dozen* brushes with the law?

"Police Chief Bob Lane confirmed that his officers sometimes pulled Montes solely because they recognized him. In little more than two years, court records show Montes was cited more than two dozen times for driving with an expired license, an expired registration and without insurance."

[DBoon]

23. the offense is "Driving while hispanic"

nt

[boppers]

25. Or "driving when you know it's a crime, two dozen times".

He couldn't get a valid license without some effort, so he decided that he'd rather break the law.

24+ times.

[bitchkitty]

31. It must be nice, to be so pure and above it all.

God help you if you ever have to choose between feeding your children and obeying the law.

Why are there so many heartless assholes on DU? Isn't this DEMOCRATIC underground?

[PavePusher]

32. Being liberal and/or a democrat does not require endorsing criminal behavior.

I will point out that if he's capable of supporting his kids in Mexico, perhaps he should have stayed, or come in legally, in the first place.

[Snake Alchemist]

35. What other environmental and safety regulations can you skip if you are "feeding your family"?

Does your house have to meet safety codes?

[bitchkitty]

37. Omigod, you're right.

He should have his children removed from his custody. Freaking immigrants, who do they think they are? He should have stayed in Mexico and gotten a job with the cartel.

Some people!

Do I need a sarcasm icon here?

[Snake Alchemist]

38. That's quite a trump card. No catalytic converter: I'm trying to feed my family! Open wiring in

the home: I'm trying to feed my family! Improper disposal of oil: I'm trying to feed my family!

[PavePusher]

50. Illegal immigrant. How conveniently some people overlook that first word. n/t

[boppers]

51. Democracies have laws.

This is not ANARCHIST underground.

[PavePusher]

26. Pulling over someone you know does not have a licence...

and who's car is not legally registered is not justifiable?

Did I miss a memo?

[rocktivity]

22. He's the biological father, he's not mentally ill

so if he wants custody of kids, he should have them.




rocktivity

[Chemisse]

45. This saga is what popped into my mind immediately.

There is no excuse for separating children from a loving parent.

[alp227]

48. of course because Elian Gonzalez was Cuban the right wing HOWLED against deporting him

because Cuba was a Communist country and thus Elian DESERVES to stay in good ol' America! Yet those same right wingers see these Mexican-American children are just worthless "anchor babies", and since Mexico isn't a Communist country, who cares about them?

[burrowowl]

24. Damn THEM!

Repukes are not really for family values.

[treestar]

28. What is the legal standard for terminating parental rights in NC?

It would have to be shockingly loose for that argument to stand.

Parental rights are protected strongly - it's hard to lose them. So this argument should not win out.

[mitchtv]

47. I hope the Mexican Consul springs for a lawyer

at least

[alp227]

49. Family court=worse than the US Supreme Court.

Geez. This guy never abused his kids and can't take care of them over an immigration issue? Yet there are fathers in this country who get away with abusing their children again and again and divorced fathers whose ex spouses use false accusations to prevent father from having custody.