Boy gets new chance for 'divorce' from dad
Father murdered boy's mother
CANTON, Massachusetts (AP) -- A 14-year-old boy who is seeking to sever parental ties with his father because he murdered the boy's mother will have a chance to argue his case at trial, a judge ruled.
Patrick Holland has not seen Daniel Holland since 1998, when the father broke into the home of his estranged wife, Elizabeth, shot her eight times and bludgeoned her with a rifle butt while Patrick, then 8, slept.
Patrick discovered his mother's body the next morning, and Daniel Holland is now serving a life sentence without the possibility of parole.
Family Court Judge Robert W. Langlois dismissed the case in February, ruling that because Patrick is living with guardians in New Hampshire, he should pursue the case in that state.
But Langlois reversed that decision Tuesday after the Department of Social Services appealed on Patrick's behalf. The judge scheduled a trial to begin July 26.
"We knew Patrick because he was in our custody for several years after his mother died," DSS spokeswoman Denise Monteiro said. "We were shocked at the judge's decision in February."
"Today was a step in the right direction for Patrick to achieve his goal," she said.
Patrick filed suit two years ago with his legal guardians, Ronald and Rita Lazinsky of Sandown, New Hampshire.
Patrick brought the suit after Daniel Holland began trying to learn about his son's life. He tried to access his son's report cards, get updates on his therapy sessions and information on his Little League games.
"I'm really excited the judge is allowing it to go to trial," Patrick, an eighth-grader, told The New York Times. "I just want to say to the world that he's not my father. Ron Lazinsky is my father."
In a widely publicized 1992 case, a Florida judge ruled that a boy known as Gregory K had legal standing to sue his mother, Rachel Kingsley, to terminate her parental rights. After a two-day trial, the judge severed the mother's rights on grounds of neglect and abandonment and permitted the boy to be adopted by his lawyer.
A state appeals court later declared that minors cannot sue on their own to terminate their parents' rights. But the Florida court still upheld the "divorce," because adults who did have the right to sue -- including the boy's guardian -- were also involved in the suit.
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