After reading and analyzing the transcript from the first hearing (June 1, 2012) in this guardianship case, I was dying to know exactly what was in this petition that could possibly persuade a Probate Court judge to continue guardianship proceedings in a failed adoption situation such as this.
I have obtained and reviewed a copy of the petition for guardianship and its contents are shocking. Overall, the prospective guardian relies on an emotional plea throughout her petition to the Court for guardianship. She states several times over that;
“…Hailey has resided with me since she was born and I have raised her for the past two and a half years since birth…”
Interestingly, her petition;
1. Fails to mention Hailey has been in her care unlawfully, as her father, Anthony never consented to such an arrangement.
2. Fails to reference that Anthony has been fighting to be a part of his daughter’s life since two months before her birth.
3. Fails to disclose Anthony has been declared a Kelsey S. father to Hailey, the highest standard for unmarried fathers.
She even goes so far to claim herself as a de facto parent, which according to California Rules of Court 5.502 (10); only a judge can declare a person is a de facto parent. There has never been any such ruling.
In her petition, the prospective guardian continually proclaims herself as “…the prospective adoptive parent…” and that the adoption proceedings “…are still pending…” Both of these assertions are blaringly FALSE. The 3rd District Court of Appeals decision six (6) days prior to this filing officially ended the adoption proceedings. Either way, the Probate judge should have scrutinized this filing. If the adoption was still pending, why would there be a need for a petition guardianship?
Furthermore, she asserts throughout the petition that Hailey’s kin could not, with reasonable diligence, be given notice to the guardianship petition and subsequent proceedings. Her petition lists both paternal and maternal Grandmother’s and Grandfathers as “unknown”. It also lists Brother(s)/Sister(s) as “unknown”. This is also FALSE. Just as Anthony stepped forward immediately to assert his right as a father to Hailey, Anthony’s family has done the same.
I have been asked repeatedly by BHH supporters, “Who does that?” “Who would continue in an adoption or guardianship knowing the father does not consent?” Well…I’ll just call a spade a spade. My opinion, based on the facts in this case as I see them is that this is an individual who is nothing short of a morally bankrupt narcissist who will stop at nothing to get her way, which is to ultimately adopt Hailey. It is an individual who has become fixated on keeping something that does not rightly belong to her.
Sadly, she does not see Hailey as a beautiful little girl who is bonded to her biological father (despite her best efforts to thwart those feelings of affection) but as a possession she is hell-bent on keeping regardless of the collateral damage to all involved (her marriage, her relationships with her family/parents, financial and emotional toll to both parties, and most of all, the unnecessary emotional trauma to Hailey).
My quick and dirty answer to the question of “Who does that?” it’s simple – a selfish, immoral and unethical individual does such a thing.
Note: Any attorneys reading this and would like to explore this case further, please note; all documents related to the current guardianship case are now listed here.