Iraq Veteran Wins Custody of Two Surviving Kids After His Son Was Beaten to Death
When children of divorce or separation are being abused in a mother’s home and the children are taken by the state, they should be placed with their father ASAP, barring a finding of unfitness. One of the problems with the child welfare system is that this is often not the case.
In Choosing Foster Parents over Fathers (San Diego Union-Tribune, 7/11/07), family law attorney Jeff Leving and I discussed research from the Urban Institute which shows that the child welfare system usually denies fit, loving fathers the opportunity to raise their own children.
In the Gary Smith Jr. case discussed below, Smith’s ex-wife left their three kids in the care of her boyfriend while deployed overseas. The boyfriend beat one of the boys to death, yet the system still dragged its feet in granting the father custody of the surviving two children. Leving, who represented Smith in the case, told the Chicago Tribune that child-welfare officials should have moved the surviving children quickly to his client, explaining, “It’s sad that he had to hire me and go through these maneuvers to safeguard his other children.”
The article is below–congratulations to Leving for his good work in reuniting this father and his children. A news video about the case can be seen here. Smith and Leving are pictured above.
Slain boy’s father awarded custody of his 2 other kids
Iraq veteran divorces child’s mother, whose boyfriend is suspect
By Michael Higgins
Chicago Tribune, September 7, 2007
The father of a 4-year-old Calumet City boy who was beaten to death in May was granted permanent custody of his two other children under a divorce settlement approved Thursday.
Gary Smith Jr. was serving in the Army in Iraq when he learned that his son Cameron had been killed.
Unbeknownst to him, Smith said, his then-wife, Lavada Smith, had placed the couple’s children in the care of her boyfriend, who was later charged with the 4-year-old’s murder.
On Thursday, Cook County Circuit Judge Karen Shields approved the settlement, which allows Smith to take Cameron’s siblings, ages 7 and 8, to live with him in Georgia.
“I wanted my kids to be safe,” Smith said after the hearing. “I want them to be able to go to school without thinking about bad things that happened here.”
Lavada Smith is allowed visitation under the settlement. She could not be reached for comment after the hearing.
Shields praised the couple Thursday for reaching a compromise that she said put their children’s interests first. “I think you’re probably doing the best you can with a really bad situation,” Shields said.
Speaking after the hearing, Gary Smith said he still considers his former wife to be a good mother. But he said she made a terrible mistake when she was deployed to Iraq herself and left their children with Donell Parker of Calumet City.
Parker has pleaded not guilty in the boy’s death.
Gary Smith’s attorney, Jeffery Leving, said after the hearing Thursday that child-welfare officials should have moved the surviving children quickly to his client. “It’s sad that he had to hire me and go through these maneuvers to safeguard his other children,” Leving said.
Cameron was discovered lifeless in his bed. Calumet City police said the boy endured two days of being punched in the head, stomach, chest and back. He was beaten with a belt as well, police said.
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Stumble It!
September 12th, 2007 at 4:27 pm
This is 21st century America in all its glory. Nobody cares about dead children anymore, what matters is:
- “Family” has been redefined to be mother, children, mom’s current sex partner, and some “absent deadbeat” who better pay for it all or else go to prison.
- Whether or not the father off risking his life in war (to protect little more than the mother’s right to make his children fatherless) paid whatever some sleaxy lawyer in a robe dictated he must pay for the honor of defending his country while his country kills his children.
- Whether or not lawyers can make tons of money, dead children or not.
- Whether the child killer was male or female. Cases like this can and will be used to separate more fathers from children, using the male=perpetrator model currently in force, thus ensuring that many, many more children will die.
- PC/Marxism/feminism. Did the mother get her “choice” across the board, with somebody else held responsible for her bad choices, or was she a “victim”. Any other “free speech” is no longer allowed.
If Hollywood was anything other than PC propaganda, this story could be used to enlighten the dumbed down celebrity worshipping masses who willingly pay to be told what to think. Nevertheless, rest assured that Cameron’s death won’t matter to the PC/Marxist/feminists running this cesspool country.
September 12th, 2007 at 5:06 pm
DcFather…good points and well said.
Very good job.
September 12th, 2007 at 7:52 pm
DC Father. Sad but true.
September 13th, 2007 at 6:07 am
Of course, ask ole oprey windbag what everyone should do in this here case and she’ll tell you it was probably the guy who seved in Iraq’s fault.
Seems ole opry had mary winkler on her show. The woman who shot and murdered her preacher husband and served about 60 days in a shrink tank. She’s out now and wants her lil children back. As everyone should know it was HIS fault she murdered him. She claims he was abusive so therefor it’s automatically assumed she can’t be lying. Why didn’t she just leave? Silly question. Better to blow him away with a shotgun and just sy he was abusing her then to leave and make the case like men have to do.
The one point about the article I found very telling wsa the woman “agreed” to the settlement, had she fought it the remaining kids had better be hopeing mom’s next BF is a better choice.
Everyone seems all warm and fuzzy with the way this turned out but rest assured when and if mom decides she’s ready to get them back those remaining kids will be back under her control in a heartbeat.