Press
Release from the Coalition for the Restoration of Parents Rights
December 7, 2001
It has come to our attention that a grave injustice has been done to a fit
parent in Florida. Lori Lamaritata, the mother of twins conceived through
artificial insemination, faces an arrest warrant for refusing to hand her
children over to a LEGAL STRANGER.
In a clear violation of the Florida Constitution, which provides privacy
protection for parents, Judge Becky Titus of Sarasota ordered the mother to hand
over her children for unsupervised visitation to the sperm donor. Judge Titus
also found the mother, Lori Lamaritata, guilty of indirect civil contempt, and
stated that should Lamaritata refuse to comply with the conditions to purge
herself, criminal proceeding may be initiated, and an order of arrest may be
entered.
The paternity case, initiated by the donor in 1997, was a case of first
impression for Florida and was expected to test the constitutionality of Florida
Donor Statute 742.14. This statute provides in part that the donor of any egg,
sperm or pre-embryo shall relinquish all maternal or paternal rights with
respect to any child. In Jan. 1998, the Second District Court of Appeal
quashed the lower court's Order for DNA testing and remanded the case back to
the trial court to determine whether the parties' agreement regarding conception
was enforceable and if the donor statute applied to the facts of the case. In
October 1998, several hours into the trial, a settlement agreement was reached.
Lamaritata agreed to a DNA test, for informational purposes only, and in
exchange, the donor agreed to waive all rights to paternity. The donor was given
6 hours of supervised visitation. In 2 years, the parties would re-address
any issue of visitation. At the time the parties entered into the agreement,
grandparent visitation statutes were still valid in Florida.
The next 3 years would bring nothing but more litigation and emotional turmoil
for Lamaritata.
The donor went on to sign 2 separate " Affidavit of Acknowledge of
Surrender and Consents", documents similar to the consents signed in
adoption agreements. One of these documents was signed after the DNA results
confirmed Lucas as the biological donor.
Later that year, Dec. 1999, Sarasota Judge Becky Titus signed an Order that
terminated any rights the donor may have had. Lucas did not object to this
Order.
In July 2000, Lucas filed a Motion to Vacate the Judgment & Motion for
Contempt. Lamaritata filed a Motion to Dismiss, stating the Motion to Vacate was
time barred and that Lucas has no standing to seek contempt because he was not a
legal parent.
Judge Titus found that Lucas’ rights were not terminated, and in fact Lucas
did have standing to seek contempt, because he was adjudicated the legal father,
based solely on the DNA results. The Order that Judge Titus previously issued in
Dec. 1999, terminating Lucas’ rights, was now VOID. Riding on the coat tails
of that Order, in Oct. 2000 Lucas filed his SECOND paternity action.
In Jan. 2001, Lamaritata asked Lucas to Pay child support, not to Lamaritata,
but into an escrow account, pending the outcome of the litigation. Lucas
refused, and the Court DENIED Lamaritatas’’ Motion for Child Support.
The Paternity Case was set for trial, and in July 2001, Judge Titus issued a
"Supplemental Final Judgment". Lucas’ petition for paternity and
shared parental responsibility was DENIED. The court then found that "In
the best Interest of the children", the visitation schedule set forth below
shall be imposed, with the donor having the court to utilize as a means to
enforce visitation. The case is now under appeal, and the donor is
cross-appealing.
Unverified information provided today indicates that Judge Becky Titus ruled
today that Ms. Lamaritata is in contempt of court for withholding visitation and
issued a "pickup order" for Ms. Lamaritata.
This case is a clear violation of this fit Florida mother's Constitutional
rights to privacy under the Florida and U.S. Constitutions. A non parent
has been given access to children that he has no legal right to, which also
violates Florida's third party visitation statutes.
It seems no child or parent is safe from government interference in the state of
Florida, regardless of the law.
Contact
dan@parentsrights.net or thomas@parentsrights.net
with questions or comments.