myspace friends of Noah
Video
Full Story
Reported by: Keith King
Email: king@nbcactionnews.com
Last Update: 5/10 3:47 pm
Related Links
* Supreme Court Ruling
A metro man is in the middle of a bitter battle to raise his son.
An NBC Action News Investigation reveals that his fight could have a huge impact on other fathers and adoptions.
At the center of the battle is a child unaware that his biological father has been fighting the system to keep him from being adopted by someone else.
Like a proud dad, Craig Lentz shows off his son’s room to NBC Action News Investigator Keith King.
“We’re just keeping everything for him until he comes home,” Lentz said.
Since shortly after birth, Lentz has not been able to be part of his son’s life. “When he has parents that love him and want him, it’s ridiculous that a third party can come and take him away,” Lentz said.
Like many contested adoptions, the details are confusing, the legal battle is expensive and the feelings are bitter.
Lentz was there when his son was born in Dec. 2004. He and girlfriend Ibbaanika lived in different cities.
Lentz says the plan was for him to eventually reunite with Ibbaanika and his son in Kansas City.
But by February, just two months after his son’s birth, the young, unwed mother, too afraid to tell her family, made the painful decision to cut her parental rights. She agreed to give the baby up for adoption, against Lentz’ wishes.
“I had second thoughts on my own. He never agreed with it at all, from the very beginning, he was always against it,” Ibbaanika said
Lentz’ name was not on the birth certificate. He wanted proof, and a DNA test eventually showed he was the father. But that proof came too late and the adoption wheels were already in motion.
“I thought what I had done was a mistake. I was sorry. I never meant for things to be that way,” Ibbaanika said.
Court documents show Lentz filed a motion to intervene, and stop the adoption. But the Jackson County Family Court ruled that Lentz had not complied with the state’s requirements and therefore his consent was not necessary. The court then signed off on the adoption.
In Missouri, unmarried fathers have to place their name on the child’s birth certificate or go to court to establish their paternity. And they have to do it fast.
According to a little known state law, fathers have only 15 DAYS to do it, or risk losing their child.
“I was surprised. I thought that was not enough time,” State Rep. Leonard Hughes said.
Rep. Hughes, of Kansas City, says the 15 day rule affects unmarried dads all across the state. “And what’s best for that child is giving the time so everyone can go through thorough tests and thorough processes so everything is accounted for,” Rep. Hughes said.
Lentz appealed the family court’s decision all the way up to the Missouri Supreme Court.
His case brought an unexpected response. The court ruled unanimously that despite the 15 day rule, putative fathers can still challenge the adoption or termination of their rights in a timely manner.
It was a huge victory for Lentz but a short lived celebration. “And the Supreme Court said I did everything in a timely manner like I was supposed to do,” Lentz said.
The case went back to the Jackson County family court where a judge allowed supervised visits between Lentz and his son during the lengthy legal battles.
But last December, despite the Missouri Supreme Court’s ruling, the Jackson County Family Court still allowed another family to adopt the child, arguing that Lentz did not act fast enough.
“If I didn’t pay child support, I would be forced to go to the state penitentiary. Now I want to take responsibility for this child and they are telling me that I can’t,” Lentz said.
Now, Rep. Hughes wants to change the law. Instead of 15 days, he wants dads to have up to 60 days to claim their paternity.
That won’t help Craig Lentz. His battle to gain custody of his son continues in court. “We love him and we did everything we could to bring him home,” Lentz said.
When asked why he is speaking out now, Lentz said “This is what’s right for my child.”
The legal battle is not over. Lentz’ attorney is appealing the case back to the Missouri Supreme Court to appeal the lower court’s decision to let the adoption go through.
The family court judge told NBC Action News she cannot speak about the issue sinc the case is on appeal.
The child is now 3-years-old and living with the adoptive family.
