Baby Richard went home with an adoptive family when he was 4 days old, only to be returned sobbing four years later to his biological parents.
Now, the father who fought so fiercely to get his son back has left his wife and the 5-year-old boy, the latest twist in a case that broke hearts and captured headlines.Otakar Kirchner moved out several months ago, and the boy, now known as Danny Kirchner, is staying with his mother, Daniela, said Kirchner's former lawyer, Loren Heinemann, a family friend. The couple has one other child, an 11-month-old girl.
"I visit the family frequently and for extended periods of time," Kirch-ner said in a statement. "I love my children very much. Although it is painful for me not to be with them at all times, I believe that this arrangement is the best we can do for them at this time."
Daniela Kirchner told the Chicago Sun-Times she asked Kirchner to move out. The story did not elaborate.
Kimberly and Jay Warburton haven't seen the boy since he was taken from them in April 1995.
"It's a very sad day for the justice system to see how we have failed this child," said Richard Lifshitz, who represented the War-burtons.
But he said Otakar Kirchner's absence probably would not be grounds to reopen the custody case.
Daniela Kirchner gave the boy up for adoption days after his birth in March 1991. She believed that Otakar Kirchner, who was overseas at the time visiting a sick relative, had abandoned her. At first, Otakar Kirchner was led to believe the boy had died.
Two months after the child's birth, on learning the truth, Otakar Kirchner began fighting for custody. The couple later married, and the case soon captured national attention.
Following a fierce court battle, the Illinois Supreme Court ruled that Otakar Kirchner's parental rights had been denied and invalidated the adoption.
The boy, who was named in court records as Baby Richard to keep his anonymity, was taken sobbing from the Warburtons in April 1995.
The Warburtons could not be reached for comment Monday.