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Custody quest
Thursday, August 11, 2005
By ERIN PUSTAY
Erin.Pustay@IndeOnline.com
PHOTO BY KEVIN WHITLOCK/THE INDEPENDENT
Dorothy Gump holds a picture of her nephew, Richard McKenzie. Gump has been trying to get custody of McKenzie, now 18, since he was 8 years old.
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Dorothy Gump is not ready to give up the fight. Not now. Not ever. Not until she has her nephew, Richard McKenzie, back in Massillon with his family, where she knows he is safe.
Ten years ago, Richard was placed in a foster home after his mother could no longer care for him and his father signed away his parental rights. At the time, Gump made an effort to adopt the 8-year-old child.
For reasons she is unsure of, Gump was denied custody.
As years passed, she lost touch with her nephew who had been adopted by an Akron woman. His name had been changed to Tyler. Last she heard, Wilson and Brenda Sullivan, his adoptive parents, had moved him and his adopted siblings to Florida.
In March, Gump finally heard news about her nephew, though the reports were far from anything she wanted to hear.
Television news stations out of Cleveland reported that Richard (Tyler Sullivan) was found by Jacksonville authorities in his home, caged in a crib-like, twin-sized bed, with a padlocked cover on top. Reports said at 17-years old, he wore a diaper, weighed just 49 pounds and was less than 4-feet-6 tall. The boy, who had been developmentally disabled all of his life, was said to also be suffering from psychosocial dwarfism – a condition, caused by severe abuse, which stunts physical and emotional growth.
At 17, Richard had the body and mind of a 6-year-old boy.
“When I first saw it, I didn’t know it was him,” Gump said. “I just thought, ‘How could anyone do this to a child?’ Then, I saw a picture of him and said, ‘Oh my god. That’s Rick.’”
Richard’s biological sister, Brandi Knight, had seen the broadcast, too. Like Gump, she used what little knowledge she had of her brother to identify him on television.
“I put two and two together and knew it was him,” Knight said.
Without knowing exactly where to start, Gump and Knight began making phone calls. They called everyone, anyone they could think of. All they knew was that Richard needed to be with his family.
“My niece started calling Florida and (was) connected with a social worker,” Gump said. “I called (the social worker) and told her that we wanted custody of Ricky.”
On the advice of Jacksonville social workers, the women said they waited to see what would happen to Richard. Most often, Florida authorities place abused children in the protective care of family members, advisors said.
What little time they had was too much time to wait.
Tales of Richard’s home life hit newspapers and airwaves in March, just one month before his 18th birthday. The birthday that marked his passage to legal adulthood.
“We ran out of time,” Gump said. “He turned 18 and became ward of the state.”
According to Florida law, Richard was now a legal adult, but his mental and physical conditions prevent him from caring for himself. He was placed in the care of a temporary care provider. In this case, Richard is represented by a Florida state attorney who is responsible for making sure he is well cared for by his new foster family.
Gump’s new fight, the battle for guardianship presents new complications.
“Right now, we’re just trying to get someone to help us to bring him home,” Gump said. “There has to be an organization or a lawyer that can help us get him home.”
Her journey this far has been full of dead ends and detours. Periodically, a phone call will connect with someone who offers helpful advice. Armed with those little bits of knowledge, Gump is taking on the Florida legal system with only the support of friends and family.
“We have to file a motion with the court,” Knight said. “Because no else is petitioning guardianship for him. It could be as simple as a judge saying, ‘yes’ or ‘no’. But, then again, we could get involved in a long, drawn-out case.”
Both women have been told they need to secure legal representation. It is preferable, they said, to have an attorney located in Florida so he or she can appear in court more readily on the behalf of the family.
Monetary restraints are preventing Gump and Knight from getting the legal counsel they need.
“We just need to find someone to petition for guardianship on our behalf, but no one will touch this case pro bono,” Knight said. “The cheapest rate I’ve found, they wanted $2,000 up front. I don’t have $2,000 and my aunt doesn’t have $2,000, so there is nothing we can do right now.”
A friend, familiar with the Florida judicial system, recommended that Gump and Knight both write letters to the judge handling Richard’s case. Sometimes, Knight was told, the judge just needs to know family is out there.
“Sometimes, (guardianship is granted) when a person writes a letter to the judge,” Knight said. “(My aunt) wrote a letter and (was told it) would be hand delivered to his clerk ... I am waiting to see if this letter to the judge will do anything.”
Gump and her niece are waiting again. Waiting and hoping that Richard will eventually be allowed to come home. Home is a place Knight is sure Richard will love.
“I have a younger brother that is in between him and I. He has two nieces that he’s never met, he has aunts and uncles and lots of cousins,” Knight said. “He would have a very loving, strong support system. We love him and never stopped loving him.”
Optimism is fueling Gump in her quest to get her nephew home. Already, she made accommodations for Richard. She has even made plans to get him an education.
“I’ve got a spare bedroom. It’s all painted and I have furniture in it for him,” Gump said. “I can’t enroll him for school, yet. Not until he gets here.”
Richard’s extended family has even worked out a tentative plan that ensures he will be well cared for all of his life.
“(Aunt Dorothy) loved him so much and wanted to take care of him all those years ago,” Knight said. “She can take care of him and have him live with her. I can be her support system. When she can’t take care of him anymore he can come live with me. Everyone wins in this situation.”
Knight, like her aunt, is certain that Richard will one day be back with his family. It has to be true, she thinks, God would want it that way.
“I think there was too much of a coincidence to believe that I won’t ever get to be with him again,” Knight said. “I just don’t believe that God would let me find out about my little brother and not let me do anything about it.”
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