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January 17th, 2008

It takes a village to save a child.

  • Jan. 17th, 2008 at 7:58 PM
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Somewhere in Pennsylvania, there is a four-year-old boy named Kyle.

I say "somewhere" because we're not sure where he is right now; his father removed him from preschool on Tuesday afternoon, in violation of his custody agreement, and he hasn't been seen since.

Kyle is the nephew of a close friend of [info]enochsmiles' and mine. His mother, our friend's sister, is currently hospitalised in Philadelphia with breast cancer that's metastasized to her brain, liver, and pretty much everywhere except her bones. Kyle's parents have been separated for a while now; his mother has custody and his father has visitation rights. Despite the fact that there is a Protection from Abuse order against the father (which he's repeatedly violated), despite the fact that removing Kyle from preschool was plainly a violation of the custody agreement, Pennsylvania law does not recognise parental kidnapping, and local police are unwilling to get involved in a "custodial interference" situation.

My friend isn't sure how long her sister has to live, and every day that passes is one more day that she can't see her son. At this point there is a very real possibility that Kyle will never see his mother alive again, simply because this asshole sperm-donor wants to use him as an emotional bludgeon against Kyle's mother. He's refused to pay child support, he's invaded her hospital room to spout abuse at her, he's entered her house in violation of the restraining order and stolen property, he's prank-called her work pretending to be Kyle, he's been ordered by Kyle's daycare (unfortunately, not the preschool who released Kyle against the terms of the custody order) not to enter the daycare classrooms or even show up at the daycare on days when he isn't supposed to pick Kyle up, because when he's shown up there in the past he's traumatised other children there. He's a complete waste of oxygen, but Pennsylvania law places more importance on biological relationships than on the safety of a child -- or even the wishes of a dying parent.

Kyle's mother wants her sister, my friend, to become Kyle's guardian, but apparently this means nothing in the eyes of the law. We're talking about someone whom, if [info]enochsmiles and I had kids, we would without question trust to be their legal guardian if something ever happened to us. But unless my friend can get this asshole's partial custody revoked and have guardianship of Kyle transferred to herself and her husband, when Kyle's mother dies, custody will likely pass to a "man" who neglects him and sees him only as a weapon.

That's where the rest of us come in. We can do something to stop this.

My friend has retained an excellent family lawyer to help resolve the custody issues while there's still time. [info]enochsmiles and I have set up an account for a legal defense fund to help offset the expenses -- and the expenses are likely to be significant, thanks to the general apathy of the local police and judiciary, as well as the legal environment in Pennsylvania, which emphasises biological rights over a child's welfare. If you can help, if there's anything you can spare, please, please click the button below and donate to Kyle's legal defense fund. Any amount will help; $10, $100, $1000, it doesn't matter how much.









Similarly, if you can help with logistical support to help my friend navigate the Pennsylvania legal system, please contact me. Do you know a cop, a lawyer, a judge who can put pressure on the right people and get the wheels turning? If so, let me know, and let's make this happen.

All funds will be turned over to my friend, who has power of attorney for her sister, to defray the expenses involved in the custody battle. Anything left over from that (though it's unlikely there will be, since legal fees will likely be in the tens of thousands of dollars) will go toward Kyle's future, most likely an educational trust.

Please feel free to link to this post in your own blog or other communities. I can't really go into much more detail without permission from my friend, but I will continue to post updates on Kyle's situation as I'm able to. Thank you, from the bottom of my heart, for your support.

I leave you with a quote from [info]enochsmiles, in his own description of the situation: "Why, out of all the children in need, should you help this one? Because I see so much potential for gain to this world, and so much potential for loss, I am putting myself out here and asking you to do this as a favor for me. I will not forget your generosity."