Staton Will Ask Court For Visiting Rights

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Legal claims delay ruling
Posted: 4:04 PM Oct 8, 2008
Last Updated: 3:03 AM Oct 9, 2008
Reporter: Gary Smollen
Email Address: sixonline@wowt.com

43 comments

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The Omaha father who left nine children at Creighton University Medical Center two weeks ago under Nebraska's Safe Haven Law will ask the court to grant visitation rights.

Motions filed in Douglas County Juvenile Court have put the Staton children's case on hold and left them in legal limbo.

Laws and the way they're interpreted can at times be a messy business. That's something Jack Manzer is finding out firsthand. He left a hearing about his grandkids Wednesday morning with more questions than answers.

"Everything is kind of up in the air right now." Where it goes from here? "I don't know, that's what I'm going to find out."

Last Thursday, Manzer, his wife Joanne and Amoria Micek, Gary Staton's oldest child, sat down with Channel 6 News and talked about Staton, the kids and the future.

"Whatever is in the kids' best interest, if they say this will work and the kids say okay, that's fine," said Micek. That future has now been clouded with court paper.

Health and Human Services has filed motions to repeal the placement of the children and for a temporary stay. Another attorney has filed a motion to keep the children's information, including names, out of the court file. Another motion would ban everyone from the courtroom.

Staton's attorney told the judge he will file a motion for visitation rights and Channel 6 News found out Wednesday the Cherokee Nation based in Oregon may have a legal claim to raise the Staton kids because they are part Native American.

The experience seems to have soured Jack Manzer and confused everyone. "That's what I'm finding out what's happening." Asked if he has hope of getting this settled anytime soon, Manzer responded, "I hope, I always hope."

Judge Elizabeth Crnkovich told everyone in the courtroom she does not have jurisdiction while the Appellate Court is involved and cannot rule on any motions until the Appellate Court makes a decision.

For now, seven of the nine children remain with their great aunt in Lincoln. The other two are with family in Omaha.

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Posted by: Holly on Oct 10, 2008 at 12:47 PM
AND the social security that Mr. Staton was receiving for the children after his wife's death was under $40 per child per month because his wife did not spend alot of time in the work force.

Posted by: To CONFUSED on Oct 10, 2008 at 09:33 AM
To Confused, (you said so yourself) I am in no way shape or form trying to be God. Maybe you need to re-read it. Actually, God is the one who helped him in having those children in the first place, but not to just throw them away when the going gets tough. You are right though, my heart is filled with pain...for the children involved. I could never imagine, nor never will I ever, just give up my children cause times are tough. Hasn't been a smooth road on my end either but you don't see me just dropping them off now do you? Nope, sure don't and never will!! Would you?? Apparently, and you will have all the excuses everyone else has. These are children, can you imagine what this is going to do for them in the long run?? What does it teach them...to just give up?? I would have died if my Dad did that to me and my bros and sis's. Oh the pain they must feel but have to put on a happy face cause the damn media won't leave them alone. I hope for the best for the CHILDREN!!

Posted by: Holly on Oct 10, 2008 at 09:23 AM
1st of all Mr. Staton has a juvenile court appointed attorney, basically a public defender. 2nd, Mr. Staton's attorney has filed no such motion on behalf of his client. In fact, Mr. Staton's attorney has filed absolutely no motions in this case. In juvenile cases where the child is going to be adopted (I am not sure if that is going to happen here) ICWA is notified especially if the children have any Native American ancestory. ICWA-Indian Child Welfare Act. It is a standard procedure in this state.

Posted by: Sid on Oct 10, 2008 at 12:32 AM
To T: If the kids are eligible for Social Security benefits from the mother, it is likely it would not be much, since it is based on the amount paid in. If she did not work consistently, she probably had not paid much in. On the other hand, he may not even have filed for this, given the indication that he did not ask for help.

Posted by: kathy on Oct 9, 2008 at 12:37 PM
wow, there are some vicious people out there. The kids have lost their mom; I'm sure they want to see their dad. I'm sure all of you have NEVER been overwhelmed. The poor guy probably did what he had to do if he couldn't take care of them. At least he didn't hurt them! And as for child support equaling visitation? Take it from somebody who knows. I am a divorced mother. According to the law one has absolutely nothing to do with the other. So even if you decide on your own that you don't wish your children's father to have visition, you can't legally keep him from doing so. And morally, you shouldn't keep them apart anyway.

Posted by: Steve on Oct 9, 2008 at 11:26 AM
I say NO WAY ! ! !

Posted by: Charlie on Oct 9, 2008 at 10:56 AM
Uh??? NO.

Posted by: WISE UP on Oct 9, 2008 at 10:37 AM
there were several comments made that don't make sense because people aren't thinking, this Dad most likely is not paying an attorney, he's probably got a public defender.everyone is forgetting the mother died & he TRIED to keep the family together.the older kids should NOT have to get jobs to help pay bills, they're kids, that's not their responsibility, they need to be allowed to be kids while they're still kids; if they were to get jobs it should be to show a demonstration of responsibility, not take on an adults role. this father would have been better off asking for the help from family;"pride comes before the fall", this is a mess now & the kids are the ones suffering.i know of him, he seems to be a man who is very much angry at the world,appears very unhappy, even before this...he really should get some mental help, it'll only benefit him AND the children in the long run. as for the Cherokee Nation, where were they before all of this...stay out of it, it's complicated enough.

Posted by: omaha on Oct 9, 2008 at 10:08 AM
This is a response to (mom) your right this should of been with out names bieng released,you dont hear about any other parent who dropped there kid off under the safe haven, but unfortunatly there was more than a -leaky- faucit in this case.SECOND IN REPLY TO (to the rest of you)( yea they had ten kids so what they had hard time as well as good times but those kids were always taking care of regardless, even after their mom passed away when things got tough and Gary had to do what he thought was right, how would you handle this situation if you were in his shoes married for 17 years and then one day loose you other half and left with the responsability to raise 10 kids by yourself relying on ones self, before you judge this man take a long hard look at yourself and walk an inch in his shoes....if you can.and you people olny hear about all the bad things about this family. has gone through but there was more good than bad..

Posted by: To Anonymous on Oct 9, 2008 at 09:19 AM
You do pay child support when you give up parental rights.

Posted by: S on Oct 9, 2008 at 09:15 AM
Just like any other children that end up in state custody, he should be allowed visits. Look at all the crack heads and other abusers who get visits with their children when the state took them away. I agree, you don't have the responsibility for the 9 kids now so get a job, in fact you have time to get two jobs and get some therapy so perhaps some day you can get your children back Mr. Staton. You made a decision to create them which means you have a responsibility to parent them. I too, think the state should take support money from you to help care for your kids since Nebraska taxpayers will be feeding, housing,clothing and providing medical and dental care for your NINE kids. Get a job, get help and turn this horrible situation around for yourself and your children.

Posted by: ME on Oct 9, 2008 at 03:18 AM
This case is different than the other children who were dropped off. You can't know what it is like to have to raise children by yourself when a spouse dies suddenly. It's not as easy as it looks. Yes, the older children should have gotten part time jobs to help with the bills, but it is overwhelming. They all need this time to be separate but together so that they can heal their wounds. I'm sure, with the passage of time, the father and the children will be better equipped to deal with future difficulties and be able to rely on each other more than they can now.

Posted by: KIDS on Oct 8, 2008 at 10:48 PM
Please, him pay child support? With 10 kids you don't think they were living off the government before all this happened? I think the government should cut off aid as well as encourage and pay for sterilization measures after the first one that parents can't afford. Ten is ridiculous.

Posted by: KLynn on Oct 8, 2008 at 10:47 PM
How about what the kids want? Most of them are old enough to let us know how they feel and their feelings are more worthy then his in my opinion.

Posted by: Bob on Oct 8, 2008 at 10:45 PM
OMG! You give up your kids because you can't afford them because you quit your job but you have money to hire an attourney so you can see the kids you don't want. I am tired of hearing about this guy.

Posted by: Anonymous on Oct 8, 2008 at 07:40 PM
I agree with the annon who said 'let him have visits after he starts paying child support'. He doesn't get to be called "daddy" with those sweet voices without SOME responsibility. my guess is he won't pay a dime, which means the new couple that does someday are who really deserve to be called 'mom' and 'dad'. i've considered adopting out of the system but i don't think i could handle some guy showing up every once in a while wanting to participate just when he feels like it. giving them up was probably the right thing to do, but he needs to move on and let them start over.

Posted by: Confused on Oct 8, 2008 at 07:29 PM
Hey everyone...read below of the guy that posted "to the dad"....Apprently he gets to play God and be the judge! Sir. You have no compassion and your heart must be filled with pain to say what you said. In Gods eyes you are no better then that father. At least he did the right thing! But since you like to play God,,,,we will see how it works out for you in the end.

Posted by: Debbie on Oct 8, 2008 at 07:15 PM
In Luke 6:37 Do not judge others, and God will not judge you,do not condemn others,and God will not condemn you; forgive others and God will forgive you. Gary Staton is a good father and no matter what has happened only those involved know what excatly went on in the house he shared with the children. I for one saw how he interacted with his children and he NEVER abused his kids. If you do not know the facts do not jump to conclusions

Posted by: Anonymous on Oct 8, 2008 at 07:10 PM
when you give up your parental rights you don't pay child support.

Posted by: Jack on Oct 8, 2008 at 06:50 PM
Unbelievable ... first he throws his responsibility for nine children on the tax payers and now he seeks to make the care of his children even more expensive for those of us who do work and pay our taxes.

Posted by: t on Oct 8, 2008 at 06:22 PM
With the mom deceased, aren't the kids entitled to Social Security Benefits?

Posted by: omaha on Oct 8, 2008 at 05:31 PM
I think Gary should have visitation with these kids.. remember they lost their mom. 20 months ago, hes the only parent they had, yea he took a the wrong way out and the way he did it was wrong, iam probably sure those kids want to see him also but they will have alot of qustions that he would have to answer but it will be along road ahead for all of them a lot of healing and forgiveness as for the kids i think they need to be with family whom ever there placed with they need stability and a family support. this whole thing has gotten extremly out of hand..as for the Manzer family do you think by gaining media attention is helping these kids?

Posted by: mom on Oct 8, 2008 at 05:16 PM
Isn't this law supposed to allow people to take their children to a safe place ANAYMOUSLY??? How did this family's name ever get into the news? hmmm

Posted by: Anonymous on Oct 8, 2008 at 04:36 PM
He gave up his kids because he could no longer support them and were on the verge of being homeless. He had their best interest at heart. Whether you think what he did was wrong or right, think of the children. Visitation with their dad is in their best interest. I do not agree with what he did. However I have to put my personal beliefs aside. The kids need to see their dad any way they can. I say let him have visitation.

Posted by: Kim on Oct 8, 2008 at 03:58 PM
He made this decision to abandon his children by dropping them off at an Omaha hospital under the new Safe Haven law in Nebraska. Before he did this, he should have taken more into consideration. I don't consider him a "father" and now being able to have visitation rights.

Posted by: b on Oct 8, 2008 at 03:22 PM
I agree with Frank.

Posted by: Dave on Oct 8, 2008 at 03:17 PM
He wants visitation rights??? Then let him pay for their financial needs. Otherwise,just like a dead beat dad..He deserves NOTHING! God I wish all you liberal FOOLS would stop feeling sorry for people who choose this option! I am tired of my tax dollars raising children and families that are NOT MY RESPONSABILITY!

Posted by: A mom on Oct 8, 2008 at 03:08 PM
Let him see his kids. They may want to see him too. At least he's making an effort to remain in their lives if he can't take care of them. Leave the kids with the aunt, require dad to get a job and pay support, but let him see the kids. The family has been through enough.

Posted by: cece on Oct 8, 2008 at 02:25 PM
What is in the best interest of the children? Is there a possibility that he will have them all or some back someday? If so, it may be in the best interest to have the visitation. What do the kids want? Some are old enough to decide if they want to see him. You could argue that he did not handle this situation properly. However, the interest of the children should always be the deciding factor.

Posted by: cheryl on Oct 8, 2008 at 02:14 PM
I live across the street from Staton and the kids truely love their dad I think they should let him see his kids if wants to and let the relatives keep them as well at least they are trying unlike the other families whove dropped their kids off

Posted by: Rather not say. on Oct 8, 2008 at 01:57 PM
Let the man visit his children. At least he WANTS to. Let them stay with relatives. It's the best thing. I'll say a prayer for the entire family.

Posted by: Dave on Oct 8, 2008 at 01:56 PM
Are you kidding me? Absolutely not,he derserves NO RIGHTS any longer as far as the kids are concerned!

Posted by: jenn on Oct 8, 2008 at 01:53 PM
gave them up, now he wants visitation!!! I feel for those kids. Can you just imagine the mental anguish they are going through? Not to mention the other children from other parents. I am a mother of two and it will be a cold day in you know what before I dump my kids off.

Posted by: Mom on Oct 8, 2008 at 01:46 PM
This is a tough one. This dad did what he thought he had to at the time. With so many doing unspeakable things to their children, he had the right idea to put them where they could get what they needed. Why not let him see them. He has to explain to them himself, why he did it.

Posted by: To the Dad on Oct 8, 2008 at 01:36 PM
To the Dad, I hope you read this cause you are one low life pathetic, most sorry excuse for a father. You give them up, throw them out, wipe your hands clean of them and NOW, NOW you want to see them???? You are nothing but a dead beat person (notice I didn't refer to you as a father, b/c they don't just throw their kids away). Did you have some fun on your own and now you need something to do with your free time?? I hope you never get to see them again!!!!

Posted by: What a Joke on Oct 8, 2008 at 01:32 PM
This moron gave up any parental rights when he walked away from the hospital. I'm sure they are in better hands anyway. He'll just continue having more kids with another idiot and probably leave them someday.

Posted by: GP on Oct 8, 2008 at 12:52 PM
He should have thought about this before he threw his children away.

Posted by: Frank on Oct 8, 2008 at 12:47 PM
Sorry Dude, can't have it both ways. Amazing how $$ is always found for an attorney.

Posted by: Anonymous on Oct 8, 2008 at 12:44 PM
Let him have supervised visits after he starts paying the state child support. Now that he doesn't have to care for his kids he should have been able to get a job.

Posted by: BJ on Oct 8, 2008 at 12:41 PM
I sure hope that he can have some contact with his kids. He should be making some effort of support -- for that many children even a small amount would be beneficial. I hope that he is able to get some help that he truly needs.

Posted by: Jarbeau on Oct 8, 2008 at 12:38 PM
Too bad. I guess he forgot that he gave them up. Maybe Gary should have thought the decision through before he dumped his kids on the State. He should be forced to pay child support, now.

Posted by: WHOAAAHH!!!! on Oct 8, 2008 at 12:34 PM
Can you believe the nerve of this guy?? I hope he has to pay SOME sort of support for these kids, even if it's just a few hundred a month!