Custody Battle For Anna Mae He - Disagreement

Disagreement

Unable to financially care for Anna Mae, the Hes decided to let her remain in the Bakers' custody. The Bakers expressed interest in adopting Anna Mae but the Hes were unwilling. An agreement was reached that would give the Bakers temporary custody and let the Hes retain parental rights. The Bakers claim there was also an oral agreement that the Bakers would raise Anna Mae until she is eighteen years old. But the Hes contend that they did not agree to this and that the arrangement was only temporary. A juvenile court officer's testimony supports the Hes' claim.

On June 2, 1999, Jack He and the Bakers meet with a Mid-South Christian Services attorney. In the meeting, the attorney told Jack it would be necessary to go to court to regain custody if all parties did not agree to a change in custody.

On June 4, 1999, the Hes and the Bakers went to the Shelby County Juvenile Court to obtain the consent order transferring custody to the Bakers. Without the knowledge of either party, the juvenile court officer typed a guardianship provision into the consent order. Because Casey He did not speak or read English very well, she was unable to read the documents and had to rely on an interpreter for their meaning. Three witnesses, including the interpreter, reported that Casey was very concerned that the Bakers' custody of Anna Mae be temporary. The juvenile court officer testified that she was "adamant that at some point she wanted her child back." She was told that signing the consent order was necessary for Anna Mae to obtain health insurance and the interpreter testified that she signed the order believing custody to be temporary.

The Hes continued to visit Anna Mae regularly for about an hour a week. Louise Baker began to keep a diary in which she documented the Hes' visits to Anna Mae, writing down when the visits were, how long they lasted, how the Hes interacted with Anna Mae, and what gifts they gave her. In October 1999, friction began when the Hes wanted to take Anna Mae out of the Bakers' home and the Bakers refused. Louise Baker wrote "We would like to get visits to every other week. We feel like they would wean away, but the last 2 visits we could see Casey is wanting to come more." In November 1999, Jack He told Jerry Baker they wanted to regain custody of Anna Mae. Jerry replied that they did not want to give up Anna Mae and that Louise was pregnant and he didn't want her to miscarry. The Hes contacted the juvenile court officer several times during these months complaining about problems with visitation and talking about wanting to get custody back.

In May 2000, the Hes petitioned the Juvenile Court for custody. The petition was denied.

Jack found work in Georgia and Casey continued to visit Anna Mae until one day she refused to leave the Bakers' home. The police were called. Jack quit his job in Georgia after the Bakers told him that Casey was not allowed to visit Anna Mae by herself.

The Hes continued to visit Anna Mae until January 28, 2001 when an argument occurred at the Bakers' home. The Hes wanted to take Anna Mae to a photography studio for a family portrait on her second birthday, but the Bakers refused. The Bakers subsequently called the police. The Hes were told that they could not return to the Bakers' home. The police officer later testified that he said they could not return to the Bakers' house that day but the Hes believed they were being told that they could not return to the Bakers' home at all. The Hes did not see Anna Mae again for years.

The Hes contacted the Juvenile Court about regaining custody and in April 2001 filed to regain custody, but since only Casey signed, the petition was refiled on May 29. A hearing was set for June 6 but was rescheduled to June 22 so that the Bakers' lawyer could attend. Meanwhile, the Bakers were advised by their attorney to file to revoke the Hes' parental rights. On June 20, 2001, four months and five days after the January argument, they filed a petition for adoption and termination of parental rights in the Chancery Court of Shelby County. This halted the Hes' petition in juvenile court and transferred the case to chancery court.