Alabama Live has reported that a little girl is at the center of a custody battle between her foster parents, and a grandmother that is claiming racial discrimination, while the child's mother languishes in jail for a probation violation.
The custody dispute, between the child's foster parents and the Hispanic grandmother of her stepsisters, is due to be decided by a Baldwin County judge.
At the same time, the grandmother's attorney has filed a federal lawsuit, claiming racial bias in the custody battle, against the Baldwin County Department of Human Resources (DHR).
Chief U.S. District Judge William Steele, who has tossed out most of the lawsuit, wrote, "Like most infants, (S.R.) is unaware of the fuss that surrounds her, but unlike with most infants, this fuss centers on who will have custody of her."
Steele has dismissed 11 counts, leaving 4 counts, of the original civil complaint. He stated that the 11th Amendment offers immunity from lawsuits to the DHR as it's a state agency.
Steele dismissed 6 of the counts because the defendants named were "fictitious."
The remaining four counts allowed are as follows: a discrimination claim against the DHR - under Title VI of the Civil Rights Act - and 3 conspiracy allegations against the white couple that was given temporary custody of the child by the agency in the summer of 2009.
R.M., the grandmother, is represented by attorney Ishmael Jaffree. Jaffree has re-filed the lawsuit listing the counts that Steele has allowed.
S.R.'s mother is K.R., who is currently incarcerated for violating her probation.
K.R.'s two other children, who were fathered by R.M.'s son, have been awarded to R.M.
The foster parents, T.C. and J.J.C. had been awarded custody of S.R., who was fathered by another, unidentified, man.
The lawsuit states that R.M. had requested custody of K.R.'s third daughter, but was denied based on race alone. She believes that S.R., who is white, is being placed with a white couple due to the prejudiced minds at DHR.
Officials from the DHR disagree.
James Long, a DHR attorney said, "We have a fundamental disagreement about timing. We have a dispute with regard to what happened and how it happened."
The Baldwin County Probate Court has two competing adoption petitions currently pending. Judge Carmen Bosch, of the Baldwin County Juvenile Court, is due to hear arguments on the custody issue this October.
Jaffree said, "That will probably be the first opportunity to find out why the state made the decisions that it did."
Attorney L.D. Holt represents T.C. and J.J.C. in the custody case. He contends that the child has been well cared for so far by his clients, and that fact remains incontestable. He said, "What would be most unusual would be to disrupt that child's life while the adults are fighting over issues that the child doesn't understand."
If you are facing a custody battle, whether you are a grandmother, foster parent or natural parent, contact a family law attorney to best handle your case.