Priority in Adoption -- Biology or Time

By Christina Rentz

Published on October 24, 2005

The appeal before the court revolves around a four year old boy named Christian. After being born with cocaine in his system, his biological parents' rights were terminated and, at three months old, he was placed with foster parents Denise and Ivar Baklid.

The Baklids cared for Christian until he was almost two years old. However, in 2003, the Baklids were forced to relinquish custody after Judge Shawn Briese ordered Christian to be placed in the custody of his second cousin Tiffany Delk and her husband, Jeff. The Delks, who live in Tennessee, have cared for Christian every since.

Last October, the District Court of Appeals (DCA) told Judge Briese he had made a mistake in not hearing testimony from the court-appointed guardian or the Baklids. The DCA recommended Judge Briese hold another trial and make a ruling based on what would have been in Christian's best interests in 2003 instead of present day, which led to the reversal of his original ruling.

However, the order has yet to be enforced because, shortly after the ruling, the Florida Department of Children and Families filed an appeal on the grounds that it is in Christian's best interests to remain with his relatives. A circuit court judge requested that the custody appeal be expedited, but the DCA has delayed the ruling and has not scheduled a panel discussion until November 23.

Both the Delks and Baklids have filed adoption petitions, which have been placed on hold until the DCA has made its decision.

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