Peter Foy Loses His Fight For His Daughter

(June, 2010): We are sorry to have to report to you that Peter Foy lost the court battle for custody of his daughter, Kate, to Kate’s maternal aunt, Deborah. The story of Peter and Kate was featured on the Dr. Phil television program and you can see the details by going to the Dr. Phil website.

For NCM, this case raised the issue of the importance of DNA in determining the rights and responsibilities of fathers. When a man is sued for child support, courts always ask “Is there a DNA match?” and “How much money does the man have?” DNA is the definitive measure of paternity when it comes to determining a man’s responsibilities.

But when Peter Foy went to court and tried to assert his rights as a biological father, the court essentially said, “This DNA stuff… not so important.” The emotional relationship the maternal aunt may have established with the child trumped DNA. The court did grant Peter visitation rights but left the details up to the aunt. Good luck with that, Peter.

The judge, in ruling against Peter Foy’s custody application, made the following observations:

1.) Peter had an unsteady employment history and his current job sometimes required long hours that might keep him away from his daughter. Peter was slammed for not working hard enough and for working too hard.

2.) Peter was criticized for appearing on the Dr. Phil show. But Aunt Deborah was also on the Dr. Phil show and the judge didn’t seem to mind that. We have evidently reached the point where judges don’t feel the need to conceal or explain obvious bias.

3.) Peter was criticized for having an estranged relationship with his daughter. But the difficulties between Peter and Kate may have been caused by the separation imposed on them by a restraining order issued by the court. The judge and the aunt may have contributed to the alienation but Peter took the blame.

4.) Peter’s friends from his home in New Mexico appeared at the New Jersey custody trial to testify on Peter’s behalf. The judge wrote that they probably wanted a free trip to the Northeast. Really, that’s what he wrote. It seems to us that Peter did not get a thoughtful judicial hearing which means his daughter did not receive the consideration to which she was also entitled.

We have no doubt about this: Peter Foy is a loving and fit father. A loving and fit mother would never have lost custody of her child to the child’s uncle.

Good luck to Peter Foy in his ongoing battle to have a meaningful relationship with his daughter.