MOTHER WINS TUG-OF-WAR ROUND\Court rules against ex-friend in custody of girl.Byline: Mary Beth Alexander Daily News Staff Writer An appeals court ruling has rekindled a bitter battle between the mother of Courtney Thomas and the former friend who was awarded custody of the child even though he has no biological ties to the girl. The Second District Court of Appeals has overturned a Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. County Superior Court ruling that declared Kevin Thomas Marvin Kevin Thomas (born July 28, 1978 in Phoenix, Arizona) is an American football cornerback in the NFL for the Buffalo Bills who was a standout football player at Rio Mesa High School in Oxnard, California, and the University of Nevada-Las Vegas in Las Vegas, Nevada. to be Courtney's "natural father" - and ordered the court to reconsider the custody decision. The appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. made its ruling Thursday - on Courtney's eighth birthday. Attorneys on both sides of the case claimed victory Friday. "The opinion states that the court was in error in finding Kevin (Thomas) to have been the natural father of Courtney. As he is not the natural father, he should not have been given custody over the rights of the mother," said attorney Michael Goch, who has represented Courtney's mother, Catherine Thomas Catherine Thomas born in 1963 is a Welsh politician and former Labour Welsh Assembly Member for the constituency of Llanelli. She narrowly beat Helen Mary Jones of Plaid Cymru at the 2003 Assembly election with a majority of 21. Helen Mary Jones defeated her in the 2007 election. , during the appeal. Kevin Thomas' attorney said he is confident the Superior Court judge still will find Courtney is better off with the man who has raised her all her life - rather than the woman who once abducted abducted Distal angulation of an extremity away from the midline of the body in a transverse plane and away from a sagittal plane passing through the proximal aspect of the foot or part, or away from some other specified reference point the girl during the custody fight. "I have very little doubt that (the court) will leave everything the way it is," said attorney Glen Schwarz. "Otherwise, it would be very detrimental to this child." Neither lawyer would speculate how soon the new custody trial would take place. In the meantime Adv. 1. in the meantime - during the intervening time; "meanwhile I will not think about the problem"; "meantime he was attentive to his other interests"; "in the meantime the police were notified" meantime, meanwhile , Courtney remains with Kevin Thomas, who said Friday he wasn't discouraged by the ruling - even though it found he was not Courtney's father. "The title never was nearly as important to me as loving Courtney, and raising Courtney, and spending my life with Courtney," Thomas, 45, said. "I am certainly no less devoted or even affected by this ruling today." The Thomas family formerly lived in Van Nuys, although Thomas would not say where he and Courtney are living now. Kevin Thomas changed his last name to match his daughter's. Catherine Thomas, who lives in Las Vegas Las Vegas (läs vā`gəs), city (1990 pop. 258,295), seat of Clark co., S Nev.; inc. 1911. It is the largest city in Nevada and the center of one of the fastest-growing urban areas in the United States. with her 15-year-old son and her fiance, said she is certain her daughter will be returned to her. "I'm going to get my daughter back," Catherine Thomas, 48 said during a telephone interview. "It's just been very difficult. It's just been a part of our family missing." The appellate court found that Kevin Thomas should not have been named Courtney's "natural father," because he was not the biological father, nor was he the husband or partner of Courtney's mother. Under the law, a parent who is not the natural parent can't be awarded custody over the biological parent's objections, unless it is determined that giving the natural parent custody would be bad for the child. As a result, the court ruled Catherine Thomas' rights may have been denied when Superior Court Judge Martha Goldin gave custody to Kevin Thomas. The appellate court stated the order to reconsider custody did not mean that the current situation was bad for Courtney - or that giving custody to Catherine Thomas would be better for the child. Although never romantically involved with the mother, Kevin Thomas helped raise Courtney from birth. Kevin Thomas and Catherine Thomas were close friends for nearly 17 years, but their relationship began to deteriorate de·te·ri·o·rate v. 1. To grow worse in function or condition. 2. To weaken or disintegrate. around 1992, and the custody battle Noun 1. custody battle - litigation to settle custody of the children of a divorced couple judicial proceeding, litigation - a legal proceeding in a court; a judicial contest to determine and enforce legal rights started soon after. Based on the child's perception of Thomas as her "daddy," Goldin named him the legal father and gave him primary custody. Courtney is mildly retarded re·tard·ed adj. 1. Often Offensive Affected with mental retardation. 2. Occurring or developing later than desired or expected; delayed. with a rare condition known as Dandy Walker syndrome. In the Superior Court ruling, Goldin said Courtney would live with Kevin Thomas, whom she felt was more attentive to her special needs. On July 29, 1993, a month after Goldin issued the custody order, Catherine Thomas kidnapped Kidnapped caught in the intrigues of Scottish factions, David Balfour and Alan Breck are shipwrecked, escape from the king’s soldiers, and undergo great dangers. [Br. Lit.: R. L. Stevenson Kidnapped] See : Adventurousness Courtney, then age 5, and spirited her across country under an assumed name. Mother and daughter were apprehended two months later by Pittsburgh police and sent back to Los Angeles. The child was returned to Kevin Thomas, and Catherine Thomas was sentenced to probation. CAPTION(S): PHOTO Photo (1) CATHERINE THOMAS (2) COURTNEY THOMAS (3) KEVIN THOMAS |
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