Save Daniel

To:  Tennessee State Legislature

SAVE DANIEL

This is a story of interest to any and all decent parents. Today September 14, 2004 there was a custody hearing regarding Daniel. Daniel's natural mother was awarded custody, however there is a stay of execution put in place for him to remain in the custody of his paternal grandmother and aunt. An appeal must be filed within 10 days, after such time, a new judge will hear the case again. Now let's back up and have some history...

Daniel was born May 21, 1995. His parents never married but lived together as man and wife would. They lived with Daniel's fathers mother Margaret. Daniel's parents split up with his mother gaining custody. Daniel received therapy to deal with this major change in his life. She didn't keep him with her very long before she signed joint custody with Daniel's father Carl. Carl was designated as the residential parent. This means if a disagreement between the parents arose concerning Daniel, Carl would have the final say. Daniel's paternal grandmother "Margaret" and paternal aunt "Tina" have helped Carl to care for Daniel all these years. Margaret lived with Carl and Daniel until she married. At that time, Tina moved in with Carl and Daniel to help.
Before all this took place, Margaret had cared for her ill husband (father of Tina and Carl) for many years until his death. Tina lost her husband who also happened to be named Daniel to cancer back in the early 90's.
Carl and Daniel's mother had a son prior to Daniel who died prior to birth - Caleb. Daniel's mother knew that Caleb had not moved inside her uterus for three days before seeking medical attention for her health or Caleb's. Daniel's mother moved from Tennessee to Florida when Daniel was approximately 5 years old leaving him with his father Carl. Time pushes on with very little contact from Daniel's mother for many years.
On July 27, 2004 Carl was killed instantly in a single car accident that has yet to be explained. Daniel's mother could not be notified directly as the number Carl's family had for her was no longer valid. Her parents were notified and she appeared later that day without notice. Daniel's mother has an arrest and conviction on record for drunk driving and has served time. Daniel's mother has never paid child support or for any of Daniel's medical needs or his extra curricular activities. Daniel's mother has contacted the social security office in attempt to gain Daniel's social security benefits. Despite the fact that many school officials, extra curricular teachers, a therapist and many church members including the pastor came and testified to Daniel's stable home with Tina and Margaret, the law states when there is a non-parent against a natural parent, fighting for custody, they must first prove the natural parent unfit before they can gain permanent custody from the natural parent. If anyone is familiar with the law, "material change of circumstances" cannot be considered until the natural parent has been proven unfit or poses a danger to the child. Although I personally believe it was proven that Daniel's mother proves a threat to him being placed in her custody, today's Judge had the following to say: "I truly believe it is a bad idea to take Daniel out of the environment he is in now. You (to the natural mother) have missed a lot of your son's life. However, the law is the law and my hands are tied. It must be proven whether or not this child is in substantial danger. The motion to dismiss this custody hearing is granted. (Meaning the natural mother will gain custody and Daniel's social security checks.) An appeal may be filed within 10 days. Physical custody will change at that time. Stay in custody will remain with the grandmother and aunt until that is heard. The status quo will remain for 10 days. If an appeal is perfected by that time a stay will be heard."

Many of you reading this now, know Daniel, Margaret and Tina. Please print this page, sign the petition to "Save Daniel" and keep him where he belongs - WITH Margaret and Tina!!! Officials such as judges are "voted in". Although it will not do any good to present a petition before a judge, it will get the state legislature to stand up and take notice if we get enough signatures! We are looking to have the laws changed in parent vs. non-parent custody cases when the absent parent doesn't have an excuse such as military service, overseas job, etc. The non-parent acting as the parent (legally called loco parentis) should be afforded the same legal rights as the absent parent when seeking custody from the beginning. But above all else, this family asks for your prayers. Their faith is strong! Too bad our courts ask you to tell the truth, the whole truth, so help you GOD, but don't include GOD in the decisions. So sign and pray today! Pass it on! If you would prefer to print this page and sign, please mail offline SIGNED PETITIONS TO:

SAVE DANIEL
P. O. Box 455
Georgetown, TN 37336

Sincerely,

The Undersigned

The Save Daniel Petition to Tennessee State Legislature was created by Daniel's family and written by Sharmon Hardin (SaveDaniel@aol.com).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.

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