Case History
In May 2000, Hes petition Juvenile Court for custody of Anna Mae. The petition was denied.
In April 2001, Hes petition Juvenile Court for custody of Anna Mae.
In June 2001, Bakers petition Chancery Court to adopt Anna Mae citing abandonment and lack of financial support from Hes.
In May 2004 after a 10-day trial, Judge Robert L. Childers, a Tennessee circuit judge, terminated Hes' parental rights on grounds of willful abandonment, despite Hes' persistent effort to get custody back via Juvenile Court. This decision was later affirmed by a majority in the Tennessee Court of Appeals on 2005-11-23. Hes subsequently appealed to the Tennessee Supreme Court.
In October 2006, Hes argue at the Tennessee Supreme Court that the trial court erred in terminating their parental rights. They contend that the facts do not support a finding of willful abandonment, as their repeated effort to seek custody via juvenile court was a clear attempt to visit Anna Mae. After the oral argument, the Hes submitted a motion pro se to the Tennessee Supreme Court, asking the high Court to rule on the custody issue directly. On how to interpret the word "temporary", in their pro se motion to the Tennessee Supreme Court, the Hes maintained that the temporary nature of the custody arrangement hinged on the temporary nature of the hardship they experienced at the time of the arrangement. Therefore, the Hes argue that they have superior parental rights over the custody dispute, as the exception laid out in a landmark Tennessee Supreme Court decision (Blair v. Badenhope) should apply.
In January 2007, the Tennessee Supreme Court, in a unanimous decision, authored by Chief Justice William M. Barker, reversed the ruling by the state Court of Appeals and ordered that Anna Mae He be returned to her biological parents. In its ruling, the Court said, "We hold that the parents of Anna Mae He did not voluntarily transfer custody and guardianship of Anna Mae He to the Bakers with knowledge of the consequences and, therefore are entitled to superior rights to custody." and "the evidence does not support a 'willful failure to visit' as a ground for abandonment." The case must now cycle back through the Shelby County Chancery Court as the process of returning the child to her biological parents begins. The Bakers will have to pay all legal fees, according to the opinion.
After the judgment was entered, on 2007-02-02, the Bakers motioned the Tennessee Supreme Court to rehear the case and stay the custody transfer. The Tennessee Supreme Court promptly denied both motions on 2007-02-09 and ordered the Bakers to pay costs "for which execution may issue if necessary". Immediately thereafter, the Bakers petitioned to the U.S. Supreme Court to stay the transfer of custody. The U.S. Supreme Court denied Bakers' requests on 2007-02-12.
The Bakers then petitioned for habeas corpus relief as "friend" of Anna Mae in U.S. Federal District Court, claiming that Anna Mae was under the custody of Tennessee state. The federal judge denied the petition.
The U.S. Supreme Court denied Bakers' petition for writ of certiorari in mid-2007, thus ending the legal battle.
Read more about this topic: Custody Battle For Anna Mae He
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