Its no secret that many children would be healthier and happier with adoptive parents than with the parents that nature dealt them. Thats especially true of children who remain in abusive homes because the law blindly favors biological parents. Its also true of children who suffer for years in foster homes because of parents who cant or wont care for them but refuse to give up custody rights.
Fourteen-year-old Kimberly Mays fits neither description, but her recent court victory could eventually help children who do. Kimberly has been the object of an angry custody battle between the man who raised her and her biological parents, with whom she has never lived. A Florida judge ruled that the teenager can remain with the only father shes ever known and that her biological parents have no legal claim on her.
The ruling, though it may yet be reversed, sets aside the principle that biology is the primary determinant of parentage. Thats an important development, one thats long overdue.
Shortly after birth in December 1978, Kimberly Mays and another infant were mistakenly switched and sent home with the wrong parents. Kimberlys biological parents, Ernest and Regina Twigg, received a child who died of a heart disease in 1988. Medical tests showed that the child wasnt the Twiggs own daughter, but Kimberly was, thus sparking a custody battle with Robert Mays. In 1989, the two families agreed that Mr Mays would maintain custody with the Twiggs getting visiting rights.Those rights were ended when Mr Mays decided that Kimberly was being harmed.
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