On January 28, 1999, A.M.H. was born. Shortly after the birth, the mother told the Mid-South counselor

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On January 28, 1999, A.M.H. was born. Shortly after the birth, the mother told the Mid-South counselor that A.M.H. was not to be placed for adoption... Instead, the parents desired help with the care of their child for six to twelve months while they tried to regain financial stability. Consequently. when A.M.H. was four weeks old, the parents went to juvenile court and explained that they could not afford to care for A.M.H. and wanted temporary foster care. After placing A.M.H. with the Bakers, the parents visited her regularly in the Bakers' home, consistently bringing food and gifts and taking photographs at every visit. Because their financial condition was not improving, the parents decided to send A.M.H. to China to have relatives care for her temporarily. The father testified that in May of 1999, Mr. Baker told the father that it was a bad idea to send A.M.H. to China and that the Bakers would keep A.M.H. until the father graduated from the university. ... According to the Bakers' testimony, because the parents of A.M.H. would not agree to an adoption, they entered into an oral agreement.... Under the oral agreement, the Bakers would raise A.M.H. until she was eighteen, and the parents of A.M.H. would retain their parental rights. On June 4, 1999, Mid-South's attorney went with the Bakers and the parents of A.M.H. to the Juvenile Court of Shelby County to obtain a consent order transferring custody of A.M.H. to the Bakers. A juvenile court officer drafted the "Petition for Custody" and a "Consent Order Awarding Custody." ... The juvenile court officer who drafted the consent order testified that the mother was very concerned that the arrangement be temporary and that the parents would continue to have "open visitation" with A.M.H. through the duration of the Bakers' custody. Despite the mother's concerns that the arrangement be temporary, the juvenile court officer added a guardianship provision to the consent order so that the Bakers could obtain medical insurance for A.M.H. The Bakers testified that as part of the custody agreement, the parents agreed that the Bakers would raise A.M.H. until she was eighteen years old and that the child would refer to the Bakers as "mommy" and "daddy." Contrary to the Bakers' testimony, the juvenile court officer testified that the parents were not agreeing that the Bakers could raise A.M.H. until she was eighteen years old. Indeed, the juvenile court officer testified that the mother "was fairly adamant that at some point she wanted her child back." The mother testified as follows: "I was told I can get my daughter back at any time. I asked him three or four times about that." Finally, the juvenile court interpreter, Pastor Kenny Yao, testified that the mother understood the agreement to be temporary and for the purpose of obtaining medical insurance for A.M.H. An order transferring custody and awarding guardianship was entered by consent; there was no court hearing on the matter.....

Questions:

1. Explain the various stages in this case.
2. What was the issue before the appeals court?
3. What legal standard did the court use in deciding to return A.M.H. to her biological parents? Why?
4. What role do you think cultural differences played in this case?

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Family Law For Paralegals

ISBN: 9780735563827

7th Edition

Authors: J. Shoshanna Ehrlich

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