In our last post, we began looking at the story of a Guatemalan woman whose parental rights were terminated after she was busted in an immigration sting and put in prison. In this post, we'll continue looking at the progression of her story and how the recent decision of the Missouri Supreme Court will affect her.

In 2008, after the child had been living with the Carthage couple for a year, their adoption request was approved. The court reasoned that since his mother failed to contact the couple during the year her child in temporary custody, she had abandoned the boy.

Last July, the adoption was ruled invalid and the coupled appealed the ruling, saying that it was in the best interests of the child to remain with them.

The recent decision by the Missouri Supreme Court unanimously reversed the termination of parental rights, but the court did not rule to have the child returned to his mother. The case was remanded for a new trial in which the Guatemalan woman and the adoptive parents will both have the opportunity to make their case for custody of the child.

Attorney for the Carthage couple believes that they followed all the rules in obtaining the child and have provided him a good environment to grow up in, and have the right to keep him. But the woman's attorney and those in support of her say that her undocumented status shouldn't affect her maternal rights, that the adoption should never have taken place, and that there is no evidence that she ever neglected the child prior to the adoption hearing.

The Guatemalan woman has a stay on her deportation until February of 2012, allowing her to see the case through to its end. But the woman's attorney says that, if the Carthage couple is granted custody, the case could drag out for a while.

The woman is now seeking visitation of the child, so that she may finally be reunited to him.

Source: CNN, "Missouri ruling extends legal battle for immigrant's son," 26 Jan 2011.