Sunday, March 1, 2009

Part II - Khalid

It turned out that Khalid had not gone back to Egypt as Amanda surmised but was still in the Cincinnati area and in April 2004 had begun asking about her whereabouts even though there was a DVO against him. One of the people he talked with mentioned to Amanda (after the termination) in late April that he was looking for her, and Amanda contacted Carolyn April 22 to ask what she should do. Carolyn simply reminded her that she still had the DVO in force and could use that to avoid harm from him. Carolyn alerted the attorney for the adoptive parents that there might be a problem with the adoption since the birthfather was asking questions and might come forward. The attorney asked Carolyn to check with Amanda to make sure that her previous statement that she wasn’t raped was correct, since under Wisconsin law the father’s rights could be terminated immediately (without having to wait 60 days) in a rape situation. Amanda again said she hadn’t been raped, and Carolyn reported this to the Wisconsin attorney.

Sometime between Carolyn’s last conversation with Amanda (April 22) and May 1, Khalid found Amanda. According to Amanda she “made up” with this previously abusive birthfather saying that he was a “changed man” and they were hastily married on May 1, 2004 at the courthouse by a local minister. There was no public ceremony of which we’re aware. The marriage was recorded May 7, 2004. On May 5, Khalid appeared in the office of Attorney S.S., who had an interest in immigration law, and told him about the fact that his baby had been given up for adoption without his knowledge and that he was now married and wanted to parent the baby. Khalid’s attorney contacted Carolyn and told her he had bad news for her: that he had a gentleman in his office named Khalid E. who was the father of Amanda’s baby, and he was going to assert his parental rights. This was the first time that Carolyn knew the birthfather’s name. Carolyn contacted the attorney for the adoptive parents in Wisconsin and advised them of the situation.

On May 11, 2004, Khalid’s attorney assisted him in filing an “Agreed Order of Paternity” in the Campbell Co, KY court. Khalid asserted that he was the child’s birthfather. If this had been an in-state adoption, Carolyn, upon notice of the court order, would have immediately made arrangements for the baby to be returned to the agency and held in foster care pending a further court order giving the baby to Khalid.

Because this adoption was an inter-state case, however, there had to be a hearing and court decision to get the baby back to Kentucky. The Wisconsin couple had already taken out a guardianship in Wisconsin and had the child physically with them. It was, thus, left to the courts in the two states to decide what the best course of action should be.

May 20, 2004 – A Campbell County judge signed an order stating that “Parties married in violation of this [DVO] order and set for show cause for contempt on this case May 27, 2004.”

On May 27, 2004 – The Campbell County judge then wrote the following statement into the public record: “Parties married in violation of this DVO, but appears Pet. was coerced into filing this by Adoption Agency in Louisville attempting to terminate Resp’s paternal [parental] rights. Court does not find either party in contempt.” [Campbell Co, KY District Court # 03-D-00307-001] This statement was clearly false since the DVO was in Sept and Carolyn didn’t meet with Amanda until Nov, 2003

In approximately June 2004 Atty. S.S. sent a letter to Carolyn saying that he would be willing to settle the case if Carolyn would send him $2,000,000. Carolyn declined.

June 9, 2004 – Khalid signed a petition for dissolution of marriage in Kenton County, Ky … and on June 14, 2004, Amanda also signed a petition for dissolution of marriage. It’s not known whether Amanda and Khalid were ever formerly divorced.

September 14, 2004 – Jefferson County Judge P.W. F. signed an order awarding custody to Khalid, the birthfather, following a hearing on September 10. Carolyn A. sent a letter to Adoptions of Wisconsin asking them to give the baby to birthfather. The adoptive parents, believing they could provide a better life for the baby than the previously abusive Khalid, were granted a guardianship by the Wisconsin court, and they hoped a jury would agree with the termination of Khalid’s rights. Carolyn’s counsel sent a letter to Khalid’s Louisville attorney advising him of the Wisconsin guardianship.

December 2004 – Khalid was deported to Egypt.

June 2005 - Attorney S.S. representing Khalid (still living in Egypt) filed a Civil Suit in Federal U.S. District Court against Carolyn A. and AOK. allegations: tortuous interference with parental or custodial relationship, alienation of affections, fraud, damages, loss of consortium, intentional infliction of emotional distress, malicious prosecution, piercing the corporate veil, negligence, and punitive damages, etc. Khalid was hoping to get $5,000,000 from the suit. Because of the complexities of the case and the desire to focus on Amanda’s suit, this Federal suit was settled August 14, 2007 via mediation.

In late September, 2005 -- “after a jury trial – required by Wisconsin law to determine parental rights – Dane County Circuit Judge S.O. ordered that the child be turned over to Khalid.” “Because he is not in the United States, the judge gave the paternal grandparents custody and temporary guardianship and ordered the Wisconsin adoptive parents to take the child to his paternal grandfather.” (Oct 11 Ky Post article)

(see next post Part III "False Allegations")

No comments:

Post a Comment