Judge Rules Boy, 11, Has Right to Seek ‘Divorce’ From Parents

In a significant victory for children’s rights advocates, a judge ruled Thursday that an 11-year-old boy can legally seek a “divorce” from his parents so he can be adopted by a foster family.

Circuit Judge Thomas S. Kirk, acting in his capacity as a juvenile judge, said the boy identified only as Gregory K. has the same constitutional right to protect his fundamental interests in court as an adult.

The ruling means Gregory and his lawyers can argue their lawsuit demanding his freedom from his natural parents, who are divorced. Both parents live in St. Louis.

“To my knowledge, this is the first such ruling nationally,” said Jerri Blair, the attorney who filed the lawsuit on behalf of Gregory.

Kirk said his ruling applies only to Gregory. The judge explicitly stated that similar requests by other children would have to be considered case by case.

The boy wants to sever all legal ties to his mother so he can be adopted by a Lake County family with whom he has been living for nine months. His natural father has surrendered his rights, but his natural mother is fighting to regain custody.

Rachel K., 30, who says she is trying to get back on her feet financially, said she will not give up. Referring to Gregory’s two little brothers, who live with her, she said, “If I sign adoption papers on their brother, they would never believe in me again.”

Gregory’s lawsuit, which will be heard in Circuit Court, said he has been neglected and abused by his natural parents and has spent all but seven months of the past eight years in the custody of the state, his father or foster parents.

The mother and the Florida Department of Health and Rehabilitative Services argued that a minor has no legal standing in court. The boy’s lawsuit said the state agency, which has custodial control of him, is not adequately representing his interests.

Gregory and his mother testified at a closed hearing, with Gregory telling the judge that he wanted to have no contact with his mother, not even weekly telephone conversations required under state regulations.

The boy told the judge “categorically, that he wanted to be adopted and that he did not trust his mother,” said Lewis Pitts, a lawyer for the National Child Rights Alliance.

The boy’s foster father, identified only as George, called the judge’s ruling “the right thing legally and morally . . . . It’s a great step forward for all children.”

The judge said that Gregory can stay with his foster family at least until the September custody trial.