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IN FAMILY COURT
SEVENTH JUDICIAL CIRCUIT
STATE OF SOUTH CAROLINA
COUNTY OF SPARTANBURG
AMENDED COMPLAINT
2019-DR-42-2218
JANE DOE,
Plaintiff, vs.
MICHAEL KNOX, BRANDY KNOX, RICKY KNOX, JANICE KNOX, AND HAYDEN, A MINOR UNDER THE AGE OF FOURTEEN (14) YEARS,
Defendants.
The Plaintiff would respectfully show to this Court:
1. The Plaintiff, Kayla Michelle Scott, is a citizen and resident of Spartanburg County, residing at Moore, South Carolina 29369.
2. Kayla Michelle Scott is thirty (30) years of age, having been born on 1988 in Spartanburg, South Carolina.
3. The minor Defendant Hayden is a Caucasian female, born on August 10, 2007 to Defendants Brandy Knox and Michael Knox.
4. The Plaintiff has come to know Hayden over ten years, and has provided a safe, secure and stable home for Hayden for extended periods of time.
5. Upon information and belief, the Defendants Ricky and Janice Knox are the paternal grandparents of the Hayden, and received custody of Hayden from the South Carolina Department of Social Services (DSS) on or about December 17, 2018 pursuant to a safety plan/treatment plan. Pursuant to this Court's order at a hearing on August 5, 2019, in case # 2019-DR-42-2902, DSS was allowed to close their file, and custody of Hayden remaining with Ricky and Janice Knox.
6. It is the sincere desire of the Plaintiff to establish a relationship of parent and child with Hayden and the Plaintiff is a fit and proper person, fully capable of caring for the child and providing for the child's welfare.
7. Pending a hearing on the merits of termination of parental rights and adoption, the Plaintiff requests that the court grant her custody of Hayden; or in the alternative that the court grant visitation between the Plaintiff and Hayden.
8. To the best of the knowledge of the Plaintiff, the minor child owns no property, either real or personal, in the State of South Carolina or elsewhere.
9. The Plaintiff alleges, upon information and belief, that Brandy Knox' parental rights should be terminated pursuant to S.C. Code Ann. Section 63-7-2570 (1) repetition and severity of abuse and neglect; Section 63-7-2570 (2) failure to remedy the condition that the caused the child to come into care; Section 63-7-2570 (3) failure to visit; Section 63-7-2570 (4) failure to pay support for the child; Section 63-7-2570 (6) diagnosable condition; and, Section 63-7-2570 (7) abandonment.
10. The Plaintiff alleges, upon information and belief, that Michael Knox' parental rights should be terminated pursuant to S.C. Code Ann. Section 63-7-2570 (1) repetition and severity of abuse and neglect; Section 63-7-2570 (2) failure to remedy the condition that the caused the child to come into care; Section 63-7-2570 (3) failure to visit; Section 63-7-2570 (4) failure to pay support for the child; Section 63-7-2570 (6) diagnosable condition; and, Section 63-7-2570 (7) abandonment.
11. Plaintiff's counsel will search the South Carolina Responsible Father Registry. If a birth father failed to register, this failure constitutes an implied irrevocable waiver of the father's right to notice of the adoption proceedings. If a birth father has registered, the Plaintiff will serve him with notice of adoption proceedings.
12. The Plaintiff alleges upon information and belief that this man (John Doe) has not maintained substantial and continuous or repeated contact with the minor child in that he has not paid support for the minor child, has not visited the minor child or had regular communication with the minor child. Plaintiffs allege the consent of John Doe is not required pursuant to S.C. Code Ann. Section 63-9-310. Further, the parental rights of John Doe should be terminated pursuant to S.C. Code Ann. Section 63-7-2570 (3) failure to visit; Section 63-7-2570 (4) failure to pay support; and Section 63-7-2570 (7) abandonment.
13. The required pre-placement and background investigation reports will be conducted by a certified investigator approved by the Department of Social Services and are expected to be favorable insofar as the qualifications of the Plaintiffs are concerned and will be filed forthwith.
14. A post-placement investigation report will be submitted to the Court prior to the final hearing.
15. The Plaintiff has made no payment of money or anything of value within the past five (5) years and has not agreed to make any such payment in the future by or on behalf of the Plaintiff to any person, agency or organization connected with the adoption with the exception of the legal, court costs and related fees of the adoption, an accounting of which will be furnished to the Court.
16. Upon information and belief, the minor child is considered special needs pursuant to Section 63-9-30(10).
WHEREFORE, the Plaintiff prays for:
A. The termination of parental rights of the biological parents;
B. That the parental rights of any John Doe birth father, who may now or any time in the future make a claim to the child, to be terminated;
C. That the Plaintiff be permitted to adopt the minor child; for the relationship of parent and child between the Plaintiff and minor child to be established;
D. That physical and legal custody of the minor Defendant be granted to Plaintiff pending the adoption hearing, or in the alternative for reasonable visitation with the minor Defendant;
E. For an Order of this Court directing that a new birth certificate be issued in name designated by the Plaintiff and showing the Plaintiff as the parent of the minor Defendant;
F. The records of these proceedings to be sealed; and,
G. Such other and further relief as the Court may deem just and proper.
Date: August 29, 2019.
James Fletcher Thompson
Attorney at Law
JAMES FLETCHER
THOMPSON, LLC
302 East St. John Street
Post Office Box 1853
Spartanburg, South Carolina 29304
(864) 573-5533 ext. 5
ATTORNEY FOR PLAINTIFF
November 8, 15, 22, 2019 19-02423P