Sex offender's wife in child custody fight

AP ^ | 10/11/5 | MARK SCOLFORO

[SmithL]

POTTSVILLE, Pa. - Melissa WolfHawk, due to give birth any day now, lives in fear that her baby will be taken from her - by the government. The county child-welfare agency believes her child won't be safe because her husband is a sex offender who spent more than a decade in prison for rape in a case involving two teenage girls.

But WolfHawk says her husband of three years, DaiShin WolfHawk, is no "monster," and she won a federal court order Sept. 30 keeping child-welfare workers from asking about her pregnancy, at least until a hearing next week.

The American Civil Liberties Union, which has taken her side, argued that the county was too aggressive in monitoring her pregnancy and will ask a judge Monday to block the agency from taking the baby.

Melissa WolfHawk also is fighting to regain custody of another child, a girl now 21 months old living with a family in Maryland, in a case that also began with questions about her husband's fitness as a father.

Despite the restraining order she won last month, Melissa WolfHawk is still required to notify the Schuylkill County Department of Children and Youth Services within 24 hours of giving birth.

"I am living every woman's worst nightmare - that when your child is born and you close your eyes for one second, if that baby isn't sleeping on your chest, you open your eyes and that child isn't going to be there," the 31-year-old said in an interview last week at her modest row home in this town 75 miles northwest of Philadelphia.

She said she is not worried about her husband's past.

"If he was this miserable monster - and I've dealt with miserable monsters - I wouldn't be able to close my eyes at night, knowing I was carrying his child," she said.

DaiShin WolfHawk, 53, was known as John Joseph Lentini when he pleaded guilty in his native state of New York in 1983 to rape, attempted rape, sodomy and attempted sodomy.

"I'm not saying I was an angel. Maybe more like a Hells Angel," he said in an interview.

DaiShin WolfHawk, who is unemployed, said he lives about 20 miles from the home his wife shares with her father. He described himself as the chief of an American Indian tribe, the Unole E Quoni, which he says has 175 families in eight states but is not recognized by any state or by the federal government.

The ACLU argues that officials in Pennsylvania have no right under state law to question Melissa WolfHawk about her unborn baby, and that DaiShin WolfHawk should not be punished further.

"There's just no evidence in this case that Mr. WolfHawk has engaged in criminal acts against very young minors," said attorney Paula Knudsen. "And while the charges that were lodged against him in the early 1980s are not excusable, he certainly has paid his time for those crimes and has moved on."

Melissa WolfHawk's federal lawsuit, filed in Harrisburg, says county officials violated her due-process rights by threatening "to 'take' her baby" and leaving notes on her front door saying they were monitoring her pregnancy.

Schuylkill County Children and Youth Services confirmed in a Sept. 23 letter to WolfHawk's attorney that the department may seek custody of the boy once he is born.

"Schuylkill County Children and Youth Services believes this child's physical and emotional health is in danger because of the abuse perpetrated by the natural father against other minor children," wrote agency attorney Karen E. Rismiller.

Rismiller told The Associated Press that confidentiality rules prohibit her from commenting further.

"Every case you need to look at individually and assess the safety factors, not only of children who may be in (foster) care but any children born subsequently," she said.

[SmithL]

Nice choice of people to make babies with.

[Pippin]

I agree with your statement but I still am against a mother having her children taken from her because of her poor judgement.

How can anyone know she will or will not be a good mother?

[beltfed308]

Melissa WolfHawk's federal lawsuit, filed in Harrisburg, says county officials violated her due-process rights by threatening "to 'take' her baby" and leaving notes on her front door saying they were monitoring her pregnancy. Schuylkill County Children and Youth Services confirmed in a Sept. 23 letter to WolfHawk's attorney that the department may seek custody of the boy once he is born.

Big Brother at its best.

[wideawake]

A mother who raises her kids under the same roof as a convicted rapist is a bad mother by definition.

[SmithL]

How can anyone know she will or will not be a good mother?

Good mothers don't live with child rapists.

[derllak]

No way in hell would I have children with a freak like this! Just the fact that she let herself get pregnant from a molester speaks volumes about her character. She should have the baby taken away. I couldn't take the chance that he's been reformed. Baby's welfare comes first.

[Pippin]

I*t's true that a chils should not be brought up in the home of a convicted pedophile or child molester.

But at the same time, what are you going to do? If that Person marries? Forbid him and his wife under penality of law not to have children?

Have him steralized by court order?

Sounds like a police state to me.

I'm not defending the crime he is convicted of. I'm defending the woman's right to be a mother and to raise her children.

[Pippin]

What do you want her to do?

Have an abortion?

Get steralized?

Tubes tied?

What about her right to be a mother and to raise her children?

[Pippin]

In 0ther words it's either getting her tubes tied or becoming a babymaking machine for the state.

[Pippin]

Sounds like it

[AZHSer]

According to the article, he says he lives 20 miles away.

"DaiShin WolfHawk, who is unemployed, said he lives about 20 miles from the home his wife shares with her father."

If this is true, how can you justify the taking of the baby and other child on any grounds that have to do with him? The court could just order him to remain living elsewhere.

[SmithL]

What about her right to be a mother and to raise her children?

Sure, why not? After all, he hasn't hurt HER children,

YET.

[katiebelle]

Poor judgment can and has lead to many a tragedy. We aren't talking about what she lets her kids watch on TV. Letting a 6 year old watch rated R movies is poor judgment. Letting your kids play in the street is poor judgment. Letting them eat junk food all the time is poor judgment. Lack of comprehension of what this man is capable of is not simply poor judgment. The fact that she would knowingly allow and choose this home for her children speaks volume. There is poor judgment and then there is choosing a man over your children's bodies, emotions, and mental well being. Do I think they got the cart before the horse here? Absolutely....why is this man out of jail in the first place? He should be locked away not fathering children. That is the real problem here. Sadly, they did not keep him behind bars so now there are 2 other children that will be victims by losing their family because the adults in their lives can't make good decisions and keep their hands to themselves.

[unixfox]

...spent more than a decade in prison for rape in a case involving two teenage girls.

Child rapist? Not defending the scumbag but...this could mean girls between the age of 13-19. Plus they don't tell us if it was statuatory rape or otherwise.

So...I'm not buying into all of this yet just because BIG BROTHER wats to put his nose into this mothers business.

[derllak]

What about the child's right to be raised in a safe and happy environment. I know we can't pick and choose our parents and there is just no way to foresee trouble, but in cases where it's highly likely that the child is in danger, what else can you do? Turn a blind eye and hope the child's life isn't ruined by a pervert?
Too bad "mom" doesn't have two brain cells to rub together.
What a happy family this is gonna be! My heart goes out to baby. Good luck little one - you're gonna need it!

[katiebelle]

With our God given right to be parents we are also given the responsibility to raise our children in such a way that they reach adulthood free from abuse of any kind at the very very least. We so underestimate the extreme responsibility that we have as parents. This woman has every right to be a mother. She also has the responsibility to raise her children in a safe abuse free environment. Every right comes with a corresponding responsibility. You can't have one without the other.

[wideawake]

According to the article, he says he lives 20 miles away.

I'm sure he legally resides 20 miles away and that his bills and mail are delivered to that address.

I suspect, and I'm sure seasoned Children's Services personnel do too, that he spends most of his spare time, including his nights, at his wife's home.

[kx9088]

Well, it says it was two teenage girls that he was accused of raping. That's all the details they really give. Is there anyway to find out more to the story? Like, was it statutory rape? Did the girls consent but were underage so the parents filed charges?

[processing please hold]

What in God's name is wrong with you people?

You support a convicted pedophile? He rapes and sodomizes children, and you support his having a new victim in his home?

[AZHSer]

Unless they can prove that in a court of law, they have no business taking away her rights to her children. She has done nothing wrong and neither have the kids. Better one parent than no parent. They can require him to have supervised visits but I am still a little uncomfortable with that unless they can prove that he has committed other assaults since he was released and that he is a definite danger to his own kids. Since when do conservatives advocate punishing people for a crime they did not yet commit? If you start punishing people for things they might do, then eventually I think all of us could be in jail for something.

At most, the situation may need monitoring. Depending on the situation with the previous conviction, he may already be ordered to stay away from minors or to be supervised around them. If so, throw his butt in jail. If not, obtain the order and then throw his butt in jail if he breaks it. Don't punish the whole family.