Father gains custody through six-year court battle
By Schuyler Kropf
GOOSE CREEK — A retired Charleston longshoreman who helped pioneer the concept of "psychological parent" rights in South Carolina has been granted full custody of his "son" just in time for Father's Day.
Kenneth Middleton made headlines in the state's Family Court and guardian community when he set out to get visitation rights with a child he took on as his own. He was able to prove a parental bond had been formed even after a paternity test showed he was not the biological father.
The boy, Joshua Rashad Hollington, is now 16 and a rising junior at Stratford High School.
Middleton became the boy's permanent guardian last week after reaching an agreement with the boy's mother.
"I would recommend it for any father today," Middleton said of his six-year fight that went as high as the S.C. Court of Appeals. "If you have standing in the child's life and the child sees you as a parent, it's worth it," he added.
The psychological parent doctrine has been recognized in other states but not so much in South Carolina, until Middleton forced the issue.
"It's a happy ending, and we don't see many of those," said Middleton's recent Family Court attorney, Nancy Bailey of Florence.
Read more in Sunday's editions of The Post and Courier.
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Comments
joshnodine (anonymous) says...
Congratulations!! This is a major win for you and a huge precedent has been set! I know there's a big smile on your face! It will probably take me 12 years to convince a judge I should get custody too. The Prosecutors treat you as if you're a deadbeat walking right into the courtroom, the Judges like to punch a number on a calculator and go play golf, all while the single moms bicker about how much they get for sitting on their butt doing nothing.
I am glad to see your story make front headlines!! Happy Father's Day!
Josh
June 20, 2009 at 1:46 p.m. ( permalink | suggest removal )
sardis12 (anonymous) says...
Finally, South Carolina's family court system is dragged into the modern world. Just don't forget to tell the judges...
June 20, 2009 at 2:43 p.m. ( permalink | suggest removal )
bm1961 (anonymous) says...
A great story P&C, timing was perfect, right before Fathers Day. With all the bashing that takes place against fathers being deadbeats, its good to see the an example of a father who was willing to fight the family courts for custody.
June 20, 2009 at 2:44 p.m. ( permalink | suggest removal )
pirate42 (anonymous) says...
About time, I fought like heck for my 2 year old son back in 1983 that was in Michigan and won custody, More fathers do make better caregivers than the mothers the judges just need to get there heads out of there A**es
June 20, 2009 at 3:14 p.m. ( permalink | suggest removal )
americandad (anonymous) says...
Wow!!!!!! Good deal....... I wonder how long it will take the South Carolina Courts to update their other guidelines for child custody???? I have been through Family Court before and the law tends to give the mother custody regardless of what criteria the father meets or exceeds!!!! Not to offend any mothers out there but in SOME cases the father would be a better fit for the child. South Carolina needs to revise its custody laws to benefit the child.... Hopefully this is a start for fathers to get what they deserve.... THEIR KIDS!!! Congratulations Kenneth Middleton and Happy Fathers Day.
June 20, 2009 at 4:23 p.m. ( permalink | suggest removal )
blackwoman (anonymous) says...
Great news. Congratulations to the Middleton Family. Why, maybe someday psychological abuse may even be grounds for divorce in South Carolina! Hope springs eternal.
June 20, 2009 at 4:54 p.m. ( permalink | suggest removal )
lillycollette (anonymous) says...
What an interesting story.
The same judge (cough/choke) who refused Mr. Middleton any right to be a parent was around the same time forcing an innocent childless man to pay support for a bastard obviously not related by blood or marriage.
The man had not even seen the child since it's 17th month of age.
June 20, 2009 at 5:58 p.m. ( permalink | suggest removal )
wonderdog (anonymous) says...
Happy Father's Day, Mr. Middleton!
June 20, 2009 at 6:01 p.m. ( permalink | suggest removal )
stephaniem (anonymous) says...
I think a fit mother should automatically have custody of the child its first two years. She had to pay a larger price with her body....women often don't get hired for the better jobs or they have to take maternity leave and don't get the promotions that men get.
women still have to deal with the double standard on sexual morals as well.
June 20, 2009 at 6:14 p.m. ( permalink | suggest removal )
ohplease (anonymous) says...
A fit mother should not necessarily "automatically" get custody. Fit AND involved mothers who can prove they have been the primary care giver and parent to the children should absolutely get primary custody with the father having standard visitation- no matter how "good" the father is. More often than not, the mothers are the nurturers and the primary care givers during the marriage and children need consistency. Custody fights are no good for anyone except the lawyers.
Seems this case is being misunderstood, rather judged with little facts presented. It clearly says the father "reached an agreement with the mother." He did not "win" custody. He simply wore the mother down or put her into bankruptcy. Do not assume the mother was unfit. the "child" was also 16 years old. He is plenty old enough to say what he wants. Also, was it really necessary for him to fight all these years? We dont know what visitation was given to him. He could have very well had liberal visitation but just didn't want to pay child support. Or, the mother could have been a nightmare and he wanted to do the right thing by the child. Too little information here to judge this one.
The only fact clear here is the mother gave him the custody. for whatever reason......
June 20, 2009 at 6:41 p.m. ( permalink | suggest removal )
lillycollette (anonymous) says...
There was more than enough precedent cited in Mr. Middleton's case supporting his stand that I am more than a little suspicious that the courts took six years to iron this out.
Hmm, perhaps the next atty. that Mr. Middleton may want to consider speaking with would be someone like Toni O'Neil.
June 20, 2009 at 6:46 p.m. ( permalink | suggest removal )
lillycollette (anonymous) says...
http://www.sccourts.org/opinions/HTML...
June 20, 2009 at 6:57 p.m. ( permalink | suggest removal )
lillycollette (anonymous) says...
My best wishes to Mr. Middleton.
June 20, 2009 at 7:01 p.m. ( permalink | suggest removal )
dodgedemon (anonymous) says...
With so many fathers not wanting to participate in the lives of their children nor aid financially, it is great to see someone step up to be the dad he didn't have to be. I guess it's true, "Anyone can be a father, it takes someone special to be a daddy.God bless you, Mr. Middleton.
June 20, 2009 at 8:19 p.m. ( permalink | suggest removal )
TRODI (anonymous) says...
Posted by stephaniem on June 20, 2009 at 6:14 p.m. (Suggest removal)
I think a fit mother should automatically have custody of the child its first two years. She had to pay a larger price with her body....women often don't get hired for the better jobs or they have to take maternity leave and don't get the promotions that men get.
women still have to deal with the double standard on sexual morals as well
So a crackhead gives birth should keep her child bull freaking crap.work hard and youll be rewarded.hell my wife makes more than me on straight time.in the 70s.you type of girls[i say girls because a true strong woman already knows this} need to quit bitching and whining and go get whats yours and not wait around for someone to do it for you.i dont want to hear any minority crap from you either.my wifes Filipino and worked hard to get where she is.the fact of life is some will always have more than others.some will always win.get over it.as for womens rights and equality crap when
the military starts putting you up front equally in number with your male counter parts in battle then come gripe.the russians have been doing it for years.im all for equality.the fact is women do some jobs better and men do some jobs better.there can be crappy mothers as well as fathers.just because you gave birth doesnt make you a good mother.nor does biologically making a child make a good father.have a happy fathersday.....................
June 21, 2009 at 12:07 a.m. ( permalink | suggest removal )
stephaniem (anonymous) says...
if you want true equality, you try carrying children and having periods and dealing with the double standard on beauty and morals
how many men worry about gray hair and wrinkles or have health problems from children.
women have it harder. If women are to be in the front line of combat, then treat rape/sexual harassment with the same fear as homeosexual rape
notice how the govt was more worried about having a gay guy in the military than having a straight male next to a female.
there is more talk about gay rape in prison and more men get probation than females for the same crime.
June 26, 2009 at 12:32 a.m. ( permalink | suggest removal )
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