NC - Shaniya Davis, 5, Fayetteville, 10 Nov 2009 - Allegedly sold by mother #24

[Muffet]

I wasn't talking about the "not going to see her again" call. I mean the call AD allegedly made asking to take her on the 9th.
Sorry, I wasn't clear. I've been trying to work on that.

Ah... LOL But no problem - I'm always having to edit my posts for that sort of thing. :crazy:

As for that call, I just figure it was part of the plan to get Carey to get Shaniya over there.

The main reason I believe Carey was indeed left in the dark about the plans was that she only packed 2 days of clothes. AFAIK, that hasn't been disputed, and Shaniya's wearing other kids' clothes seems to support it.

If his FIL and friend are right about the dates BL made his decision, AND if BL intended Shaniya to move there that weekend, I think Carey was kept in the dark to get her cooperation and to blame AD instead of BL for the new arrangements. Once Shaniya was at AD's, Carey couldn't get her back without legal ramifications, and BL had an "excuse" if he wanted to stall, because of the need to go through the official channels.

Kind of an "easier to get forgiveness than permission" sort of thing..

 

[panthera]

another thing, when you enroll a child in school there are certain things u need such as birth certificate, immunizations proof of residency. bl would have to be on the birth certificate to enroll her irght? when i fill out the info for my kids at the beginning of the year they ask about custody arrangements. i wonder if there is a form such as this and if shaniya was up to date with her immunizations as both parties have stated that she was with ad her first year of life. wouldnt the school need legal documentation of the current custody agreement?

Good questions. I would think the school would need proof that BL had the right to enroll her in school, that she was living with him in that school district, and so forth. Without a formal agreement or his name on the birth certificate I don't know how that would've been possible. Also with him out of town so much I think he'd have to appoint someone to pick her up from school, etc. :waitasec: MOO

 

[not_my_kids]

Health Assessments: In compliance with North Carolina law, all students entering kindergarten must present a health assessment (physical exam report) by the first day of school entry. The assessment must have been completed within 12 months of school entry.
http://www.cms.k12.nc.us/cmsdepartments/csh/HealthServices/Pages/RequirementsforSchoolEntry.aspx

I found this, and although it is not on a government site, it is based on state immunization laws, which I assume are the same for the whole state.

 

[Muffet]

Shaniya went to visit her mother on Oct. 31. Lockhart said she packed Shaniya enough clothes for two days and expected to pick her up that Sunday.But on Sunday morning, Lockhart said, Davis called and told her that she'd never see Shaniya again. Lockhart said Davis was angry that she had disciplined Shaniya for getting into a fight with her cousins.
http://www.charlotteobserver.com/408/story/1060102.html

Alright, I cave, does anyone have a link to Carey herself saying that she dropped Shaniya off the 9th. I keep seeing the 9th, but it's always BL saying it, not Carey herself.

Look at the Oprah interview; she asked each for the date. Carey answered the 9th.

And in the first presser, she said she dropped Shaniya off "four weeks ago Friday", which would have been on the 9th.

 

[panthera]

The comment CLD made about AD being upset about how she'd disciplined Shaniya ~ was there ever any explanation what the discipline was or why AD was upset? It sounds to me like an excuse. MOO

 

[belle3]

thats my question though, even if bl was on the birth certificate ad was on it too. they wouldve also needed her consent to put shaniya in school unless there was some formal custody agreement giving bl sole custody and according to all reports there was nothing formal about the sgreement for shaniya. so how did they circumvent these rules if ad was not a part of shaniyas life as put by bl

 

[belle3]

Good questions. I would think the school would need proof that BL had the right to enroll her in school, that she was living with him in that school district, and so forth. Without a formal agreement or his name on the birth certificate I don't know how that would've been possible. Also with him out of town so much I think he'd have to appoint someone to pick her up from school, etc. :waitasec: MOO

oops! didnt see this post before i posted my post basically posting the same questions. im a :loser: lol!

 

[not_my_kids]

I can't find the NC state law on enrolling a child that isn't really listed anywhere as being yours.

However, every thing I keep seeing, has the common theme of "proof of residency". Somehow, somewhere, there is a paper trail that proves Shanya legally resided in that house, and how much of the time she lived there.
That gives me hope, even though I don't know what or where that little nugget of info might be.

 

[belle3]

I can't find the NC state law on enrolling a child that isn't really listed anywhere as being yours.

However, every thing I keep seeing, has the common theme of "proof of residency". Somehow, somewhere, there is a paper trail that proves Shanya legally resided in that house, and how much of the time she lived there.
That gives me hope, even though I don't know what or where that little nugget of info might be.

if the house is in bls name and he has a utility bill. that would be all he needs to prove residency. when i moved in with my in laws all i neede to prove residency was a letter from them stating that i lived with them and their utility bill

 

[panthera]

thats my question though, even if bl was on the birth certificate ad was on it too. they wouldve also needed her consent to put shaniya in school unless there was some formal custody agreement giving bl sole custody and according to all reports there was nothing formal about the sgreement for shaniya. so how did they circumvent these rules if ad was not a part of shaniyas life as put by bl

I don't know what the regulations are in that district but I would think that the school would have to have some proof either way ~ whether BL had the right to enroll her without proving that he had custody or not. That's what's confusing me since somebody obviously pulled her out of school while he was absent. MOO

 

[not_my_kids]

if the house is in bls name and he has a utility bill. that would be all he needs to prove residency. when i moved in with my in laws all i neede to prove residency was a letter from them stating that i lived with them and their utility bill

But, if he isn't on the birth certificate, and there is no formal agreement, that isn't any kind of proof of Shaniya's residence. You have to prove the child's residency.

 

[panthera]

oops! didnt see this post before i posted my post basically posting the same questions. im a :loser: lol!

It's ok ~ just proves we have the same questions!!

 

[panthera]

But, if he isn't on the birth certificate, and there is no formal agreement, that isn't any kind of proof of Shaniya's residence. You have to prove the child's residency.

Exactly. What was there to proof he had custody of Shaniya in order to enroll her. And if somebody else withdrew her, was he notified or did the school 'drop the ball'? MOO

 

[not_my_kids]

Exactly. What was there to proof he had custody of Shaniya in order to enroll her. And if somebody else withdrew her, was he notified or did the school 'drop the ball'? MOO

In the interest of not going in circles (and I don't mean you, I mean me), I'm not even going to try to answer that. I'm just going to cut out the middleman and bash my head on this here laptop until it disintegrates.

Then I will move over to the larger sturdier desktop and see if there is anything I can dig up that would be considered "new".

 

[JustJax]

if the house is in bls name and he has a utility bill. that would be all he needs to prove residency. when i moved in with my in laws all i neede to prove residency was a letter from them stating that i lived with them and their utility bill

Where I live each school district has their own interpretation to prove residency.
The school district I worked in they wanted a utility bill and a driver's license or state ID. The district I live in you have to show a utility bill, and a lease or property tax statement, and driver's license, and registration...and the list goes on. You have to have 5 items off their list to have your child permitted to attend there. It's crazy. My youngest is graduating next month from high school, he has attended school in this district since kindergarten and every year I have to go with a box of papers to prove we live there. I almost expect them to start barcoding or GPS tracking the kids there. LOL

 

[Muffet]

I wonder if she could have been listed as his dependent on his tax returns?

 

[belle3]

North Carolina has an educational consent law, which can be found in the North Carolina Code at section 115C-366, whereby an adult who is raising a child informally can enroll the child in a school district where the adult is a domiciliary provided certain conditions are met. Two affidavits are completed and submitted to the school district under this law: (1) The affidavit of the parent, legal guardian or legal custodian and (2) the affidavit of the adult with whom the child lives. If the parent is unable, refuses or is unavailable to submit the affidavit, the adult's affidavit should include a statement that the parent is unable, refuses or is unavailable. For a copy of this law, click here, then scroll down to section 115C-366.
http://www.adopting.org/adoptions/l...s-page-6-medical-and-educational-consent.html
i hope i linked this correctly.

 

[JustJax]

Exactly. What was there to proof he had custody of Shaniya in order to enroll her. And if somebody else withdrew her, was he notified or did the school 'drop the ball'? MOO

That's another thing that varies here. Where I worked if the parents were not together, proof of divorce/death of a parent/guardianship/and visitation must be presented. Where we live, all I had to do was fill out on the form that their father was deceased, yet they ask for so much to prove residency.

 

[belimom]

We're on I-95 and will pass through Fayetteville in a couple of hours. No time to stop, etc, but I'll say a special prayer for Shaniya...

Later than planned but just passing through. I was looking at the exit *I* would've taken to "explore" if not with my whole family, when my husband saw several news media vans pulled over on the other side of I-95. Just passed another one heading that way. Chances are it's nothing to do with Shaniya's case, but... just sayin'.

I don't think I'll ever pass this way again and think of it as "our halfway point". It will always remind me of Shaniya now... said a prayer and shed a few tears. :cry:

 

[Muffet]

Exactly. What was there to proof he had custody of Shaniya in order to enroll her. And if somebody else withdrew her, was he notified or did the school 'drop the ball'? MOO

It's looking like a lot of balls were dropped by a lot of people. :no:

Poor Shaniya.