Where Things Stand: January 26, 2013

I sent out an email prayer update almost two weeks ago to let people know that Ava Rose's biological father, J, has taken all the legal action he can to prevent the adoption, and in fact, to gain custody of Ava Rose.

We really don't know a whole lot more, but here's where we stand, as far as I understand it (the legalities of all this are a bit complicated):

J has signed the putative father registry, which entitles him to be informed of all actions involving the adoption, and entitles him to a hearing in probate court in which he has to prove that he gave emotional or financial support to Ava Rose's birthmother, A, at any time before signing.

He has also filed a paternity action in family court, requesting to be declared the legal father, and also seeking full custody and child support from A. This paternity action entitles him to a hearing in which he can make his case for why he should get custody and child support. That hearing had been scheduled for Thursday, Jan. 24, but A's lawyer wasn't available, so they had asked for a continuance. We did not hear for certain if that continuance was granted, but since we've heard nothing else, we're assuming it was.

Our lawyer is planning to make a case before the judge in Lucas County Probate Court that because our adoption petition was filed in Lucas County Probate Court before J's paternity action was filed in Williams County Family Court, that the paternity action should be dismissed because jurisdiction for this case has been established in Lucas County.

This is significant, because adoptions are usually handled in probate court, and if J is declared the legal father in a family court, then his consent is needed for the adoption. If he is never declared the legal father, and if he cannot prove support to A during and just after her pregnancy, then his consent is not needed.

At this point, our number one desire is that, since J does claim to have a relationship with Jesus, he would be convicted by the Spirit and realize that his actions are completely selfish and are not in the best interest of him, his wife, his other children, A, or especially, Ava Rose. We are hoping that he will drop all his legal action and sign consent papers to allow us to adopt Ava Rose and give her a chance at a fresh start in life with an in-tact family.

Our second hope is that the judge in Lucas County (I believe it is Judge Puffenberger), will decide in our favor, order to dismiss J's case in Williams County, and agree that J did not provide financial or emotional support. We think that if this happens, we can move forward with finalizing the adoption this summer.

It may be possible that even if the judge in Lucas County rules in our favor, that J could appeal his decision, or that he could re-file his actions in Williams County Family Court. So even if things initially go our way, we're not sure if that will be the end of it.

Our lawyer has requested a hearing with the judge in Lucas County, and we hope that hearing will take place within 2-3 weeks. We're realizing this may be a long, drawn-out process. Emotionally it has been very difficult. I will probably write more about that in another post soon.

We're continuing to trust in God's goodness, and trying not to insist on understanding why He is allowing things to play out as they are. We continue to sense His presence with us. I've said this before to many of you, but I continue to hold on to it: I'm learning that faith is sometimes more about saying yes to God in the moment, than about being sure of a particular outcome. I honestly don't know if things will go our way, but I know God has invited us into this journey, and I'm moving forward trusting in His goodness and love for all of us.