Raymond W. Godwin

Raymond W. Godwin is an adoption attorney based in South Carolina.

Personal history Godwin earned a Bachelor of Arts degree from Bob Jones University and a Juris Doctor degree from the University of South Carolina School of Law.

Adoption controversies

Native American adoptions

Baby Veronica

Godwin has been involved in two controversial adoptions of Native American children to white families. In the "Baby Veronica" case, he facilitated the private adoption of a Cherokee child to a white family over the objections of the child's biological father and the tribe. During the hearing in the Charleston, South Carolina court, the birth mother testified that if the documents had been properly filled out with the biological father's name spelled correctly and the child properly identified as an Indian child, the Cherokee tribe might have intervened. Godwin was the attorney for the adoptive couple, not for the birth mother.

Godwin said the US Supreme Court decision, which ruled in his favor, "provides a roadmap for Indian birth fathers to follow if they want to protect their rights under ICWA, such as paying for pre-birth expenses, taking the mother to the doctor and assisting at the hospital."

Baby Deseray In the "Baby Deseray" case, Godwin is representing a white family in the attempted adoption of a Shawnee child over the objections of the child's biological father and the tribe. In this case, the prospective adoptive parents, Bobby and Diane Bixler, removed the child from Oklahoma without the Interstate Custody for the Placement of Children (ICPC) paperwork or complying with Oklahoma state law on removing the child. Godwin did acknowledge that the Bixlers did take Deseray from Oklahoma without complying with the ICPC or Oklahoma state law. There has been no allegation that Godwin had prior knowledge of the illegal removal or acted unethically.

The Attorney General for the Shawnee tribe in Oklahoma noted that the Bixlers "literally paid their money and split with the kid...". Oklahoma Judge Allen Welch has ordered the return of the child to Oklahoma. The tribe's attorney in South Carolina has noted that since South Carolina Governor Nikki Haley insisted that Oklahoma comply with the South Carolina court order in the Baby Veronica case, it was now time for South Carolina to comply with an Oklahoma court order for Baby Deseray. In addition, the attorney contracted by Godwin in Oklahoma has written to Godwin, demanding the immediate return of the child to Oklahoma, saying, "Since your clients chose to secretly ignore the law it is my position they have all liability for the child's safe keeping until they surrender physical custody of the child and have no right to physical custody of the child." In October 2013, Michael A. Nomura, the Oklahoma Administrator of the ICPC, approved Deseray's ICPC retroactively, raising ethical concerns and conflict of interest issues.#tag:ref|The attorney hired by Godwin to handle the matter in Oklahoma, Paul E.Swain, is chairman of the board of Heritage Family Services Adoption Agency whose co-directors are Michael Nomura and his wife Deborah E. Nomura.

Connection with adoption agency In both cases, the attorney for the white families was Raymond W. Godwin. American Bar Association has noted that "an attorney independent of the agency is a 'key component to an ethical adoption.'" This call for an investigation has been joined by the president of the Charleston branch of the NAACP, Dot Scott, " to ensure that the civil rights of these children and their biological fathers have not been violated."

Reeves adoption In 2008, the minor girlfriend of Craig Reeves discovered she was pregnant. She placed the child for adoption and the adoption agency attorney (Godwin) reportedly advised the mother not to accept money from Reeves. Nearly a year later Reeves filed an action with the South Carolina Family Court to contest the adoption. In addition, "The South Carolina Supreme Court found that the adoption agency did not actually instruct the mother to reject support from the Petitioner [birth father]. Furthermore, the U.S. Supreme Court ruled that whether or not the birth mother's refusal of money from the birth father was based on actual advice was "irrelevant, as they both [reasons] have the same effect as far as the Petitioner [birth father] is concerned." The adoptive parents hired an Illinois attorney, Denise Patton, to arrange the transfer of custody. After the adoptive parents filed for adoption in South Carolina, the biological father learned of the prospective adoption and filed a motion in Illinois courts to assert his rights, noting that he had never been informed of the birth due to the deceit of the biological mother.

Footnotes