A state appeals court, ruling in the case of the boy who "divorced" his mother, declared that minors cannot sue on their own to terminate their parents' rights. But the court still upheld the "divorce."
The 5th District Court of Appeals said that the lower court ruling terminating Rachel Kingsley's parental rights was valid because adults with the right to sue - including the boy's guardian - had also sued on his behalf.The appeals court also reversed on procedural grounds the boy's adoption by his lawyer, George Russ. It sent the adoption case back to the trial court for further proceedings.
While the ruling on Wednesday was a setback for advocates of children's rights, it appeared to have little immediate impact on the life of 13-year-old Shawn Russ, who was known as Gregory K during last year's court battle.
Shawn heard the news while watching television at the Russes' Fruitland Park home in central Florida.
"He said he didn't want to leave," said Russ' wife, Lizabeth. "He didn't want to become Gregory Kingsley again. He was afraid he would have to leave and live with her again."
Orange County Juvenile Court Judge Thomas Kirk had ruled Sept. 25 that Shawn had legal standing to sue his mother for divorce. After a two-day trial, the judge severed Rachel Kingsley's parental rights on grounds of neglect and abandonment and permitted the boy to be adopted by Russ.
Gregory was the first child in the nation to be granted legal status to sue for divorce from his parents, according to Rachel Kingsley's attorney, Jane Carey.