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No agreement reached in the Baby Vanessa case; custody hearing set

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By By Mary McCarty, Staff Writer Updated 11:43 PM Friday, September 3, 2010

Two intensive days of mediation in the Baby Vanessa child custody case didn’t result in any agreement among the parties — prospective adoptive mother Stacey Doss of California, birth father Benjamin Mills Jr. of Dayton and his mother Rena Jordan of Middletown, who is also seeking custody.

Montgomery County Juvenile Court Judge Nick Kuntz rescheduled the custody hearing for the week of Dec. 6, while urging the parties to continue to try and reach some resolution.

“The people involved are being encouraged to continue to reach a resolution,” said Doss’ Dayton attorney, Richard Hempfling, who confirmed that his client came to Dayton for the mediation process.

Montgomery County Prosecutor Mathias Heck Jr. said that Dec. 6 is a firm deadline for an out-of-court resolution as the case already has dragged on for too long. “This child needs stability, and so does her prospective adoptive mother,” Heck said.

Heck noted that his office wasn’t involved in the mediation process but would be required to sign off on any agreement. “We support mediation, but it must be in the best interest of the child,” Heck said. “It is our position that the best interest of the child is to remain in California. She has been there for two years in a loving family.”

The custody hearing in the nationally-publicized case began July 29 and 30 and was scheduled to continue Aug. 31, but was postponed in favor of negotiations. Kuntz was expected to rule on Mills’ parental rights; if he upheld them, a custody trial would most likely ensue between Mills and Doss.

Andrea Conley of Riverside, Vanessa’s birth mother, has publicly supported the woman to whom she gave the baby up for adoption in June 2008. Doss has been raising Vanessa since birth, but adoption proceedings have been stalled by Mills’ petition for custody.

“I’m in favor of an agreement, as long as it’s something Stacey wants,” Conley said. “I’ve said from the beginning that Vanessa should stay with Stacey.”

Conley’s attorney, Jack Armstrong, said that his client is disappointed with the delay. “We were hoping it would be resolved those two days in July,” he said. “But a resolution would be the preferred way, because otherwise it could go on for years in appeals courts. Everyone agrees that permanency is in the best interests of the child; the dispute is about what kind of permanency is in her best interest.”

Patti Robb, spokeswoman for Mills’ attorneys at Legal Aid of Western Ohio, declined comment on the development.

Contact this reporter at (937) 225-2209 or mmccarty@DaytonDailyNews.com.

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