Wednesday, December 2, 2009

Two Weeks In & Possible News





Two weeks ago today we were in court.  

Today we got an email from our lawyer saying that while it could be longer, the court of appeals has been working to issue its rulings within three fridays after the hearing.  

That would mean we would have a verdict THIS FRIDAY.  


As in THREE DAYS from now.  


Because our original understanding was that it would take months for a ruling, this is completely unexpected.  I do not know if I was way off base in the first place, if something has changed, or why the timeline is what it is.  But that is the word we received today.  


The email from our lawyer also detailed his thoughts after the hearing we had two weeks ago...  

The bottom line is that the judge that ruled on our original case based some of his decision on precedent (which is how all rulings in Kansas adoption cases are supposed to be made), while other parts of his ruling were not.  That could be because there was not precedent or because that was just the best way to make the ruling... we'll probably never know.  

But because some aspects of the original judge's decision will be ground breaking, if they stand, our case is not just a "cut and dry" appeal.  


The opposition has a lot stronger case given that there is so much gray area here.  Well, at least there is a lot of gray area from the standpoint of the law.  

When you are trying to figure out a baby's future, it seems pretty black and white to me.  If the law as well as all parties involved would just put her first, this would have all been over a very long time ago.  

One of the reasons this case is controversial is that the Judge used "best interest of the child" as a reason NOT to place her with her birthfather.  As the law is written, it is supposed to be a "shield" for the birthparent, not a "sword"... meaning it should only tip the scale in the birthparent's favor -- not create a ruling against them.  

Can you believe that?

The legal system is more worried about the rights of an adult who is making their own choices and fully responsible for the life they are living, than it is for the well being of a helpless and vulnerable child with no power over her own life.  

Heartbreaking.  


Since we believed that the absolute earliest we would hear would be next Friday, we are sitting with our hearts in our throats this evening as we try to process having an answer this week.  Matt and I both understood the lawyer to mean that it is probable we will hear this week.  

The idea of finding out in a few days and really having no idea on what the court is thinking or how they are planning on ruling is excruciating.  I am not sure if it will be a relief if we don't end up with any answers on Friday or if it will seem all the more torturous.  

I can assure you that we will think of nothing else between now and when we find out what will happen with our daughter.  Whenever that might be.  


My prayer is simple and short today; with every breath in me, I am just pleading desperately to God to please let us keep our daughter.  

Please, please, please join with us as we pray for a positive outcome...


  • Please pray that the judges would not be able to bring themselves to rule against our family - no matter what.
  • Please pray that each judge would feel enormously burdened to give this baby the safe home and warm family she needs.
  • Please pray that each judge would have tremendous wisdom in their knowledge of the law as it can be used to keep Wavy with the only family she has ever known.
We are forever grateful for your petitions on our behalf and for the amazing ways you have shown us your love and support.


Love,
Molly




8 comments:

stremelj said...

M&M - you are in my prayers and will continue to be as you wait out these last days. Take care of each other and of your beautiful girls during this trying time. Janet

Jackie said...

M&M, my prayers are with you and the girls right now! I've been praying on Wavy's behalf every day, and will continue to do so. Sending lots of warm thoughts to you during this difficult time too.

~Jackie

bri said...

m&m, i will never be able to fully communicate how much i love you. i am praying the right thing will happen here...and having faith that it will. remember stephen and i are practically next door if you need anything at all. xoxo

Carla said...

Matt and Molly,
This Lolly is holding you all up before our All Knowing Father....camp in your confidence that He loves your sweet Waverley even more than you do! Keep trusting. I'm praying. Carla

kelliemorgan said...

Love from Illinois. We are praying for you.

Chris and Diane said...

we're on our knees, m&m - pleading for your little girl and your hearts to hold up under the pressure. our mighty savior knows what will be happening on friday and every day after that - He is not worried, He is not wondering, He is capable of carrying you and changing minds when that is necessary. oh how i wish our words could be tangible to wrap you up in comfort and peace - we're asking that you would feel that tangible love and peace that you need from Dad. loving you so much - the wiebes.

Lori! said...

I know we've never met, but I understand some of your struggle. I remember the time waiting to finalize our adoptions. Please know that I'm praying that God's will be done and I'm also fervently praying that you'll get the positive news TOMORROW!!

Lori

mark said...

wow... got mom's message last night and read through your post. we're praying like crazy! We love you all so dearly.. and just wish we could be with you right now!! We are there in mind and spirit.. and in prayer.

love you