Baby Boy “O” has a Right to be Raised by Biological Parents: Adoption Agency Tears Family Apart
by Raquel Okyay, TLB Contributing Writer & TLBTV Show Host
The court battle for custody of Baby Boy O pits high-priced New York adoption agency against bio Mom and Dad who are praying that the NYS Court of Appeals return their son immediately.
“I think about it every day,” said Melody L. Butler, a Pennsylvania resident, wife and mother of four. “I am bonded to him.” Moments after giving birth to her youngest child Baby Boy O, Butler knew in her heart that adoption was not the right choice for her family. Yet she never expected Adoption S.T.A.R. of Allegany County to sue her in court for custody of her own son – and win!
Baby Boy O was born on March 1, 2016 after being up all night in a stressful, induced labor, said Butler. “My blood pressure was super high; I felt weak and was on medication.” Although Butler had not officially entered into an agreement with Adoption S.T.A.R., she said several representatives were in her hospital room to assure her that open adoption is a beautiful thing.
“I was hysterical crying about giving up my son,” she said. “I felt very intimidated and vulnerable.” Just two days after Baby Boy O was born, she said she signed the adoption papers. “They really rattled me. I was at my lowest point.” Butler said she felt pressured not only by the adoption agency reps, but also the adoptive couple – all of whom had refused to exit her hospital room, even when her physician ordered them to leave.
“On March 5, I told the social workers I thought I had made a mistake.” According to the contract, she said she was within her rights to revoke the agreement within 48 hours, and she forward an overnight letter to S.T.A.R. stating the same.
“How beautiful was I when I decided to revoke? Not that beautiful anymore,” she said. “As soon as S.T.A.R. got my baby, they were nasty and slammed the door in my face.” Butler said there was no sympathy from S.T.A.R. for her circumstances, regret, and unwillingness to give up on regaining custody of her son.
“I have been fighting for him ever since,” said Butler, who is a former restaurant manager. “You have to know what you’re doing and how to talk to lawyers. On so many levels, I tried to get him back.” At a best interests hearing at the NYS Supreme Court in June, the court granted custody of Baby Boy O to the adoptive parents. Butler appealed the decision and was denied relief by a three-judge appellate court. Butler is currently asking the highest court in the state – NYS Court of Appeals – for leave to appeal the decision.
“I was never included from day one,” said Rusty E. Butler, the biological father of Baby Boy O. “The adoption agency never contacted me. I was never acknowledged as his father.” Rusty and Melody who were dating at the time, had separated during the last few months of Melody’s pregnancy.
“I wanted her to move to PA, but with her having a senior in high school in western Allegany County, we broke-up,” said Butler, who has been employed as an electrician for 20 years. “I was told to walk away and that’s what I did; I respected her decision. I wasn’t seeing someone else. I was always here for her.” When Melody contacted him about a month after Baby Boy O was born to convey to him what had happened, he said he was hurt and angry.
“Why didn’t she give him to me?” Butler asked. “She knew that’s what I wanted,” said the father of two adult children from a prior marriage. “I have no problem raising a child; I have 3 grandkids I love dearly.” Rusty and Melody were married in a church wedding in March.
Butler’s motion for leave to appeal is focused on whether the testimony of the adoptive couple’s expert psychologist at the best interests hearing was sufficient to dismiss the natural bond between parent and child. The pleading said:
“The psychologist suggested that giving Baby O back to his biological mother could be detrimental because of the bonding with the adoptive parents. But the bonding only occurred because the adoption agency decided to leave Baby O with the adoptive parents while litigating the validity of the surrender and then during the pendency of the best interests hearing. The litigation process took nearly a year. The sins of the process should not be attributed as a negative factor against the biological mother. Especially where the biological mother was doing everything within her ability to get her son back. Unfortunately, what happened here is that the extended time it took to resolve the legal issues, ended up being the factual predicate for the argument that won the day for the adoptive parents. That outcome is simply wrong and only this Court can rectify that wrong by allowing Ms. Owens [Mrs. Butler] to present her appeal in this forum.”
The Butler family are no different than any other American family – they make mistakes, they live, and they learn. “My husband is my best friend and my companion in life,” said Butler. “We want our baby to be with us.”
“The rights of parents to the care, custody and nurture of their children is of such character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and such right is a fundamental right protected by the first Amendment and Amendments 5, 9, and 14.” Doe v. Irwin, 441 F Supp 1247; U.S. D.C. of Michigan (1985)
About Raquel Okyay
Raquel Okyay is a political columnist and commentator. She writes about Second Amendment rights, family rights, and government corruption. She is published at various locations includingHumanEvents, Townhall, Ammoland, Rockland County Times, the Daily Surge and The Liberty Beacon.
Raquel is Director of Radio Programming at WINN World Integrity News Network. She also produces and hosts weekly blog talk radio programs: Rocky & The Gonz Podcast and Nightmare on CPS Street.
In addition, Raquel host her own weekly TV show “In The Crosshairs” on The Liberty Beacon network. (TLBTV)
Raquel hails from New York City and is a Criminal Justice graduatefrom St. John’s University in Jamaica, Queens. She ran for NYC council in 2005 under the Conservative Party banner. She is founder and former organizer of Ulster/Orange Tea Party.
Currently, Raquel is Treasurer of the Reform Party of Florida. She is a volunteer with the statewide group “Why Dads Matter”, and resides in the Tampa Bay area with her husband and two children.
Raquel’s upcoming non-fiction book “The Progression of the New York SAFE Act” will be published soon.
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