Marjorie Simmons
Jeremy Simmons holding Deseray, his biological daughter

South Carolina Adoption Attorney Seeks to Overturn Oklahoma Jurisdiction in Baby Deseray Case

Suzette Brewer
10/31/13

Sources in South Carolina have reported that Raymond Godwin, the adoption attorney representing Bobby Bixler, 64, and Diane Bixler, 60, in the "Baby Deseray" case, has filed a motion in that state seeking to retain jurisdiction over the case. Last month, Oklahoma County Judge Allen Welch ordered the return of the infant back to Oklahoma and granted custody to the Absentee Shawnee Tribe of Oklahoma.

RELATED: Oklahoma Judge Gives Custody of Deseray to Absentee Shawnee Tribe

Second Indian Infant Whisked to South Carolina for Quickie Adoption

In early June, the Bixlers took Deseray, who has been renamed "Merry Rejoice Bixler," and fled Oklahoma without permission from the state or any orders granting them custody of the child. Tulsa-based attorney Mike Yeksavich initially represented the Bixlers in Oklahoma, and asked Judge Welch to grant him (Yeksavich) legal guardianship of the child to ensure a speedy adoption to South Carolina, in collaboration with Godwin and Nightlight Christian Adoptions in Greenville, South Carolina. But Yeksavich, who has since distanced himself from Godwin, subsequently attempted to halt the adoption of the baby to the Bixlers and demanded her return, which the Bixlers and Godwin ignored.

The Bixlers are now represented by another Tulsa attorney, Paul Swain, who is close friends with the state's administrator for the Interstate Custody for the Placement of Children (ICPC), Mike Nomura. Swain is also on the board of directors for Nomura's privately owned adoption agency, Heritage Family Services, which is based in Tulsa. Neither the attorneys, nor representatives for the Oklahoma Department of Human Services have commented on the case.

RELATED: Oklahoma Adoption Attorney Approves Baby Deseray Removal for Friend

Oklahoma Governor Mary Fallin, who directly oversees the state's department of human services, also declined to confirm or deny whether she will be seeking South Carolina's compliance with Judge Welch's standing order to return the child immediately and granting custody to the Absentee Shawnee Tribe.

Additionally, Gov. Fallin declined to comment on whether she would be asking South Carolina Gov. Nikki Haley to grant full faith and credit to the order as she previously had done in signing a governor's warrant for the arrest of Dusten Brown in the "Baby Veronica" case. Brown, Veronica's biological father, turned the girl over to another adoptive couple from South Carolina in September after a four-year struggle to retain custody.

RELATED: Cherokee Nation Mourns as Veronica Is Returned to Adoptive Family

As Deseray has entered her second week in South Carolina foster care, Gov. Fallin also declined to comment on the ongoing issues surrounding the illegal adoptions of Native children in Oklahoma.

RELATED: Trafficking Native Children: The Seamy Underbelly of U.S. Adoption Industry

The tribal governor for the Absentee Shawnee, Edwina Wolfe, has indicated that she fully supports the return of Baby Deseray to the state so that a best interest determination hearing can proceed regarding the child's welfare, Shannon Jones, the tribe's counsel in South Carolina, told Indian Country Today Media Network.

"The issue now becomes whether Judge Welch has respect for his court and whether he has the resolve to enforce his order," a former federal prosecutor, who declined to be identified, told ICTMN. "South Carolina has shown itself to be contemptuous of the rights of Indian people, so it would not be out of order for Oklahoma to file contempt charges should they attempt to seize jurisdiction when there is already a legally valid order in place asking for the child to be returned. That's a six month jail sentence for anyone attempting to violate that order."

You need to be logged in in order to post comments
Please use the log in option at the bottom of this page

POST A COMMENT

Comments

Kay Springsteen's picture
Kay Springsteen
Submitted by Kay Springsteen on
Are these governors receiving some kind of kickbacks for the ways they choose to either uphold or ignore the law at their seeming whim? I also began to wonder why, when SC has MANY adoptable children waiting for adoption, and presumably OK is not short of parents waiting for adoption, these babies are adopted out of state. This MUST be to make it harder for the birth father to assert his rights to raise his child.

Pollie W. Robinson's picture
Pollie W. Robinson
Submitted by Pollie W. Robinson on
The little girl should be with her natural family! Geneology is important to God or there wouldn't be so many "begats" in the Bible. I am speaking as a Mother of adoption loss,50 years ago during the baby scoop era. I never got over it!

bev's picture
bev
Submitted by bev on
the child belongs with her people so she is raised knowing her heritage and knowing its something to be proud of

Kymberly Jackson's picture
Kymberly Jackson
Submitted by Kymberly Jackson on
where are the bilocal parents and how old are they,was it a privet or closes addition where the parents picked them out and where was the tribe when this was all going on

pam Kanarr's picture
pam Kanarr
Submitted by pam Kanarr on
irregardless of jurisdiction how does a couple in their 60"s adopt any child? what will become of the baby if/when they die? or is it south carolina's position that any white parents are better than native parents?

Kat's picture
Kat
Submitted by Kat on
Frankly, in this case, Jeremy never signed anything, and he took care of Crystal for the first seven months of her pregnancy before SHE disappeared. So legally, according to SC laws, ICWA and SC Laws both state he should be given custody. The difference to this and Dusten's case, is he signed that damned Acceptance of service.
7