Evan Parker Scott has been denied his right to a loving and happy home. Evan deserves to be in his home,sleep in his bed, play with his toys, be with his Mommy and Daddy, and with the ones who love and miss him dearly. Please help return Evan to the only family he has ever known. No child deserves to be traumatized this way. We ask that Evan Parker Scott be sent home to the only parents he's ever known, Dawn and Gene Scott.


Help Return Evan Parker Scott To His Family
Evan was born May 5, 2001 in Florida to his unmarried, biological parents. At the time of conception his biological mother was 21 and his biological father was 33.Evan's biological father was charged and convicted of criminal physical assault against Evan's biological mother during the early weeks of her pregnancy. He served jail time, was put on two years probation, ordered to attend anger management and counseling for domestic violence offenders, and ordered to have no contact with Evans biological mother directly or indirectly.
After Evans biological mother was hospitalized due to an assult from his biological father, she left Maine for Florida to be near her family. She arranged a private adoption for Evan with Dawn and Gene Scott, who were family aquaintances. During the last few months of Evans biological mothers pregnancy numerous attempts to locate his biological father were made. He was given a certified legal notice, from his probabtion officer, that he was being named the biological father of Evan and informing him of the biological mothers intentions to allow Dawn and Gene Scott to adopt him. After several unsuccessful attempts to get the biological father to communicate with whether he intended to claim paternity or consent to the adoption, Dawn and Gene Scott proceeded with the adoption. Under Florida law he was required to at least do one of the following, come forward and register his paternity with the Office of Vital Statistics, making his wishes known about the child, or offering some type of prebirth support to the mother and unborn child. The biological father of Evan did none of these things.

When Evan Parker Scott was born on May 5, 2001 Dawn and Gene Scott were present. Evan was legally placed with Dawn and Gene on May 7, 2001. The adoption petition was filed with the court on May 9, 2001. The basis for said petition was that the biological mother had consented to Evans adoption and that the biological fathers consent was not required. This is because the biological father had not established paternity through a court procedure, had not acknowledged he was the father, had not filed acknowledgement with the Office of Vital Statistics, and had not provided any support to the mother or child. A finalization date was set for August 22, 2001.

On June 26, 2001 Dawn and Gene Scotts attorney contacted them. Evans biological grandfather was requesting DNA testing be done. After the Scotts realized that the biological father wasn't requesting DNA testing, the Scott's decided to not comply with the requested testing without a court order. No DNA testing was ordered at that time. Evans biological father stated in a deposition that in April of 2001 he came to the conclusion that he was Evans biological father. That was BEFORE Evan was born, and AFTER he received notice of the adoption. Even with his admitted acknowledgement he still failed to take the steps needed to insure that his parental rights were protected. He did nothing to keep Evan from being placed for adoption either. The Scotts made every effort necessary to allow him an opportunity to make his wishes known before the adoption was ever filed. His rights were never violated.

Evans biological father filed an Answer and Objection to the adoption petition. He did this upon learning that the Scott's wouldn't submit Evan to DNA testing without a court order. On July 18, 2001 he filed for immediate and full custody of Evan. The Scott's attorney then filed a counter suit arguing that he did not complete the Florida statute requirements to consent to the adoption and did not file acknowledgement of paternity with the Office of Vital Statistics.

The finalization hearing on August 22, 2001 was changed to a consent hearing due to the filings of the biological father, who at that time had still not completed any of the requirements to be afforded the right to consent. No immediate ruling was made and in the meantime the biological fathers attorney then filed a new motion to re-open testimony to include new evidence.
This new evidence was that the biological father had filed his name and claimed paternity of Evan with the Office of Vital Statistics. A document to support this was provided to the court.

A hearing was granted, and the document was allowed as evidence, the judge ruled that the biological father's consent was required for the adoption. This occured 33 days AFTER the consent hearing, at which time none of the consent requirements had been completed by the biological father. Evan was nearly 5 months old when the judge erroneously allowed the biological father to fulfill just one requirement under Florida law. This was registering his paternity with the Office of Vital Statistics--and allow him to claim himself as Evans biological father, thereby invoking a consent requirement to Evans adoption that did not previously exsist.

The Scott's attorney filed a motion with the court that the biological father had abandoned the baby, by not claiming paternity, not coming forward,and not providing for the birth mother or child after he was made aware that he was the biological father through a certified notice. The judge ruled that it was not abandonment.

New evidence in the form of two separate affidavits that claimed the biological father knew about the pregnancy months before he was served notice. Thinking this would change the "no abandonment ruling", the Scott's attorney filed a motion to re-open testimony. The motion was denied.

Evans biological father then filed a second motion for immediate custody. A hearing was held on Feb 2002 at which time custody was awarded to the Scott's, citing that it was in Evans "best interests" to remain with his bonded family. The court ordered he do so until there was a significant change in circumstances enough that the court would issue a new order.

The biological father then filed a third motion for custody of Evan which was denied on the basis that there was no new evidence to support a rehearing. In Sept 2002 the biological father was awarded 24 hour overnight visitation once a month, in Florida, and it was to be supervised at all times by his parents. Evan was 19 months old when the first overnight visitation took place in Dec 2002. Evan had only had 3 previous visits with this family and had met the biological father once, in Feb 2002. The Florida court of appeals heard oral arguements on Feb 26, 2002.

With Evans biological mothers consent, in late 2003, there was a motion filed on Evans behalf to the dependency court of Florida hoping to have someone address Evans best interest. The motion asked how to best protect Evan and to review evidence regarding the biological fathers criminal record. This motion was denied and the court relayed the case back to the trial court for disposition of custody. That was not until April 2004.

Without hearing testimony or argument by Dawn and Gene Scott, during a hearing held on April 26, 2004, a judge ruled that Evan's life-long parents are "DEAD TO HIM," he also removed Dawn and Gene Scott as parties to the case, took away their right to participate or be heard in the upcoming custody hearing, and yet made them temporary legal guardians and maintained their custody status until a custody decision is made. He also rendered that Evan's biological mother have NO visitation ordered (other than by phone or at the discretion of the Scotts or the biological father while Evan was visiting him) and that Evan's biological father start extended visitation with Evan in another state even though Evan's own attorney recommended otherwise. The judge stated that the reason that the biological father got this visitation award and she did not is because, "she gave her child up for adoption." The judge heard no more testimony.

Evan's biological father still only had supervised visitation and has never requested unsupervised visitation. Visits take place at the home of his parents in New Hampshire. The judge stated that children of 3-years of age are "resilient" and he intends for Evan to be moved "one time" to where he is going to be living. The judge set up an arrangement that had Evan splitting his time evenly between the Scott's home in Florida for two weeks at a time, and then the biological father's parent's home, where the visitation can be supervised, 1400 miles away for two weeks, and so on until a custody decision is made between the biological father and mother. There are multiple pages of documented criminal arrests and convictions including abuse against women and many other charges that went unheard or unread during the hearings. Evan's biological father also testified that the holds no employment.

Just a day after submitting this order, Judge Soud recused himself after allegations that he biased the biological mother during the hearing and that he spoke to another judge about Evan's case. An appointment of a new judge was effected. Evan is on enforced and supervised two-week visitations with his biological father at the home of the biological father's parents in New Hampshire. Evan is only allowed to speak with his psychological parents 4 times each week not to exceed 10 minutes per call during his time away from his family.

The new judge, now the 9th judge to hear Evan's case, ordered that a psychologist make a recommendation regarding this extended visitation, yet has not ruled on the recommendation that states it is terribly harmful for Evan to be subjected to this type of visitation and not have "down time" at his home base with his life-long family.

On September 23, 2004, a hearing was held to address the biological parents' request to remove Evan from his life-long family. The Scotts filed a motion to the court to intervene as parties and a motion for permanent custody based on the length of time Evan has been in their family. Judge Waddell Wallace III has refused to hear the motions filed by the Scotts, Evan's court appointed legal guardians and temporary custodians, on Evan's behalf. The judge, again, added another month of extended visitation for the biological father, supervised, and added several days of unsupervised visitation for the biological mother.

On December 17, 2004, a 27-page order was issued that resulted in Evan being abruptly removed from his life-long family. There has been no one to speak for, and or listen to, Evan at this point. On January 15, 2005, Evan was torn from the only family he has ever known in an unnecessary temporary custody change during the time the court is pending a permanent custody placement for him. Evan has been offered NO access to his life-long parents since the afternoon he was taken. There are two pending actions in the Florida 1st District Court of Appeals, one is addressing the dismissal of legal standing to the Scotts and one is an emergency motion addressing the inaccuracies in the trial court's order removing Evan from the people he knows as Mommy and Daddy. The Court of Appeals has issued a show cause order stating that the judge and the biological parents must show why this request to overturn the TEMPORARY custody change to Evan's biological mother. The court implies that it must have information as why the court should not grant the motion to vacate the transfer order or it may very well vacate that order and would possibly order Evan back in the custody of his life-long parents, Dawn and Gene Scott. A ruling is pending, as of January 31, 2005 there has been no response from Judge Wallace or from Evan's biological father.

The Florida Courts have ignored legal actions and mental health recommendations for Evan. Without additional help, Evan faces losing everything and everyone he knows as family, as early as today, with no access to ongoing communication with the people he knows as his Mom and Dad.