Undocumented Immigrant loses custody of son to foster parents

tiguangna · 07-20-2012, 02:48 PM

An undocumented parent, who had her son taken away from her when she was imprisoned, had been fighting to regain custody for 5 years... but the judge ruled her an 'unfit' mother for "smuggling herself into a country illegally and committing crimes in this country"

Full article:

Quote:

A 5-year-old boy that has been in the middle of a heart-wrenching custody battle will remain with his adoptive family, a judge has ruled.
The biological mother of Carlos Jamison Moser, Encarnacion Bail Romero, was arrested in 2007 after she was found to be living illegally in the country.
Her son eventually went to the home of Seth and Melinda Moser, who now get to call Jamison their son.

Missouri Supreme Court ruled Thursday that Romero, who was an undocumented immigrant from Guatemala, was unfit to be Jamison’s mother, and that the Mosers would be better suited to provide for the child.
The couple, who lives in Carthage, Missouri, also said that having parented him for five years, returning him to his biological mother at this point would cause great harm.

‘I could not love him more, had he come out of me physically,’ Mrs Moser told a Missouri television station. ‘I can only imagine the trauma that he would go through in feeling like people that did love him betrayed him.’
Romero, who calls the boy Carlitos, said that he was taken against her will in 2007 when she was imprisoned.
She told ABC News: ‘I’m his mother, I’m the mother of Carlitos.’

Romero is unable to speak English fluently, and instead speaks Spanish. Jamison speaks English, and spoke his first words to the Mosers.
Romero was released in 2009 and had been fighting ever since to get her son back. Her attorney said that he plans to appeal the ruling.
Circuit Court Judge David C. Dally wrote in 2008 that her illegal status and ‘smuggling herself into a country illegally and committing crimes in this country is not a lifestyle that can provide stability for a child.’
The trial was closed to the public, and so certain details of what occurred in the trial are unclear.
According to CNN, Romero has two other children who are above the age of nine. Both are being looked after by her sister, who lives in Guatemala.

what do you guys think of the ruling? If you were Carlitos ten years later, would you resent or agree with your foster parents?

Nexus · 07-20-2012, 02:57 PM

I would like to know what sort of crimes she committed in this country other than being an illegal immigrant. I can only make a fair assessment after knowing the illegal crimes committed.

tyler129 · 07-20-2012, 02:58 PM

You can't talk about a case if you don't have any details on it.

For all I know this kid could have been mal-nutritioned, starved, abused or abandoned home alone without a baby sitter while the mother was at work and etc.

If it was the case above, the kid would go into another family's custody regardless of immigration status.

Demise · 07-20-2012, 03:17 PM

Quote:

her illegal status and ‘smuggling herself into a country illegally and committing crimes

Judging from the wording, we can assume that she did in fact do something criminal. Better for the kids if any of them was born outside of US, they won't have to deal with the shit we had to.

Chn · 07-20-2012, 03:20 PM

I googled her name and it looks like she was caught in a raid. I'm guessing the criminal charges had something to do with fake documents.

Juanjo · 07-20-2012, 04:07 PM

Quote:

Originally Posted by Nexus

I would like to know what sort of crimes she committed in this country other than being an illegal immigrant. I can only make a fair assessment after knowing the illegal crimes committed.

I agree. It's unclear what crimes she committed, apart from entering the country illegally. I wish they would give more detail, as far as that goes.

dreamy14 · 07-20-2012, 05:56 PM

Quote:

Originally Posted by Nexus

I would like to know what sort of crimes she committed in this country other than being an illegal immigrant. I can only make a fair assessment after knowing the illegal crimes committed.

Sad thing is that the media might not be putting other crimes that she did on purpose so to magnify the fact that she is illegal. That alone could damage the reputations of every undocumented immigrant here that is also a parent, which really will not help with our cause.
I mean..as if we don't have a lot of people againsts us already to begin with.

Task_1539 · 07-20-2012, 10:19 PM

It tough to tell without knowing what it was she did exactly. But I am also lead to question why is it that her other two daughters are in Guatemala. Was it that they never came to the country with her? Did she abandon them? Too many unknowns...

AL · 03:05 PM

Wow, this case appears to have been judged with a conflict of interest as the lady's lawyer was hired by the adoptive parents.

http://www.huffingtonpost.com/michel..._b_817191.html

"Her lawyer was hired by her son's future adoptive parents, demonstrating a clear conflict of interest. And, despite Encarnación's clear desire to be reunited with her son, a court found her to have abandoned him. Her parental rights were terminated, and Carlos was adopted. Encarnación's case is complicated, involving the failures of multiple systems, but had Encarnación's right to due process been upheld, none of this would have happened. She would have been able to present her case in court, and Carlos would still be with her."

tyler129 · 07-21-2012, 06:32 PM

Quote:

Originally Posted by AL

Wow, this case appears to have been judged with a conflict of interest as the lady's lawyer was hired by the adoptive parents.

http://www.huffingtonpost.com/michel..._b_817191.html

"Her lawyer was hired by her son's future adoptive parents, demonstrating a clear conflict of interest. And, despite Encarnación's clear desire to be reunited with her son, a court found her to have abandoned him. Her parental rights were terminated, and Carlos was adopted. Encarnación's case is complicated, involving the failures of multiple systems, but had Encarnación's right to due process been upheld, none of this would have happened. She would have been able to present her case in court, and Carlos would still be with her."

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Undocumented Immigrant loses custody of son to foster parents