On February 3, 2013, Sedgwick County District Court Judge Robb Rumsey issued a ruling in the controversial and much publicized child custody case pitting a great-grandmother against foster parent Andrea Dixon, who also heads the recently investigated FaithBuilders, a Wichita non-profit that helps children and families. The child whose care was at issue is a two year old girl, the youngest of five siblings. The children were taken into state custody after their parents gave up parental rights in July of 2012. The four older children were placed initially in a Wichita foster home, while the youngest girl, just two days old at the time, was placed in Andrea and Lance Dixon’s foster care.
In November, a review committee determined that the youngest boy and girl should be placed together and adopted by their great-grandmother. The great-grandmother currently resides in South Carolina, and lives within hours of the children’s great-uncle, who adopted the three older sisters. Kansas’ Department of Children and Families approved the decision, but the Dixon’s challenged it.
Normally juvenile court matters are not open to the public, but Tim Henderson, the presiding juvenile court judge, made a rare decision to allow the public access to this trial, though the names of the children and family members were not released. During the six day bench trial, attorneys for the Dixons argued that the two year old girl did not share a bond with the other siblings as she has had little contact with them, and the Dixon’s were the only family she has known. Attorneys also raised concerns about the great-grandmother’s age of 67 and financial ability to care for the child on her fixed income.
The attorney for the great-grandmother urged that the Dixons are the only ones who have said they are a better placement for the girl. The state has agreed to placement with the great-grandmother, and DCF policies favor family members in custody cases. Further, race and cultural history became a part of the case. The Dixons are white and the two year old girl’s family is black. The great-grandmother testified that it was important the young girl grow up in a place where she could learn about black history.
Several days after the lengthy bench trial reached completion, Judge Rumsey issued his ruling denying the great-grandmother custody of her great-granddaughter. Judge Rumsey also denied the Dixon’s request to immediately adopt the child. The child was ordered to stay in the custody of the Kansas Department for Children and Families until a suitable adoptive family is found. The judge urged that DCF should consider the Dixons and the child’s paternal great-uncle.
Judge Rumsey’s decision was based on three factors:
- Age—he agreed with the Dixon’s that the vast age difference may be detrimental to the young child.
- Financial resources—the great-grandmother is on a fixed income and lacks a vehicle. Adding another child to her care may make the situation financially unstable.
- Housing concerns—the great-grandmother currently resides in a two bedroom home, occupied by herself and her great-grandson. Though she has plans to move to a larger home in the future, the judge was not sure how viable the plans seemed.
This widely publicized decision is likely to set some important precedents, particularly in future cases involving great-grandparents.
Family law attorney Thomas C. McDowell of McDowell Chartered offers superior legal services for individuals and families located throughout the state of Kansas. Our Wichita based firm serves every aspect of the law that involves children, including child custody. Let our decades of experience help you in your family related matter. Call Kansas Grandparent Adoption Attorney Thomas McDowell today at (316) 633-4322 for an initial consultation.