WEAR - Search Results
Pennsylvania dad fights for custody of a daughter believed dead
PENNSYLVANIA -- A Pennsylvania dad is battling the courts in a cross country custody battle.
He's fighting for a daughter he believed was dead-- only to learn later that she was secretly given up for adoption.
Well, any real parent will lay down their life for their child. If I had to, I would rob a bank for my child. That's how much love you have for your child.
What do you know about your daughter?
That - could change. A Utah Supreme Court ruling means Chris Carlton can fight for custody of his daughter - almost four years after the infant was adopted by another family.
You don't know her name, where she lives, who her parents are.
No. And again, this is something that was preventable if Utah would get its act together and fix these laws; then something like this cannot happen.
Carlton, an Army Veteran and former military contractor, says his ex girlfriend disappeared from their hometown , Williamsport Pennsylvania when she was seven months pregnant.
Later telling him she had given birth to a son who died.
Court documents show something different: She eventually admitted she gave birth to the couples child--a daughter whom she put up for adoption in utah.
So just like how people might go to Nevada because they want to get married quickly or some same sex couples may go to Massachusetts or NY because those laws favor them. A lot of women who want to give up their children for adoption, they go to Utah.
Not knowing where his child was, Carlton had missed Utah's 20 day deadline for fathers to file a paternity claim. A lower court judge found he had no standing to contest the baby's adoption.
The most significant argument that Chris Carlton is making is that the Utah laws are unconstitutional most notably the Fraud Immunity Statute.
The statute says "fraudulent representation is not a basis for an automatic grant of custody to the offended party." but the statute does allow for the possibility of civil or criminal penalties.
Carlton is one of 12 fathers claiming their constitutional rights have been violated. They have joined in a federal lawsuit against the current office of Utah's Attorney General and two former attorneys general.
The AG's office isn't yet commenting on the suit.
And it's up to these adoptive parents and the judge to fix this, right what's wrong and give me my child back.
In Carlton's case - this week's supreme court ruling means the fight returns to District Court. Carlton's attorney will argue the state's adoption laws are unconstitutional. And that Carlton should have custody of the daughter he didn't give up.
No matter what the adopted parents say, no matter what the biological mother says. You father has always been here like he always been here.
CNN has reached out to attorneys for the adoption agency.
So far they have offered no comment.