'Broken-hearted' family finally forced to give up fight for adopted daughter who they raised for nine years before court forced them to hand her back to ex-con dad
- Tennessee couple Kim and David Hodgin are ending the fight to get back their adopted daughter Sonya McCaul, who is now 11 years old
- The couple took care of Sonya from 2006 to 2014 after a judge determined the girl's biological parents abandoned her
- The Tennessee Court of Appeals later reversed the decision and Sonya was put back into the custody of her father, John McCaul in 2014
- They couple said that though they're ending their legal battle, their door is always open to Sonya
- Lynn Coffinberry, McCaul's attorney, said Sonya is happy to be in Nebraska with her father
David and Kim Hodgin, of Dickson County, said in a statement on Monday they decided to drop the high-profile legal battle for Sonya McCaul (pictured)
A Tennessee couple has given up the battle for custody of a little girl who had been in their care for eight-and-a-half years, they announced on Monday.
David and Kim Hodgin, of Dickson County, said in a statement that with 'broken hearts', they decided to drop the high-profile legal battle for Sonya McCaul, who is now 11 years old.
The Hodgins were allowed to adopt Sonya in 2006 after a judge determined that the girl's biological father, who was in prison from 2006 until 2012, abandoned her. The Tennessee Court of Appeals later reversed the decision.
'We cannot ... continue to drag our lives and hers through a judicial system that continuously fails to put a child's best interest before all else,' the couple wrote in a statement, according to Tennessean.
They continued: 'We have lost faith that any court in Tennessee will make the proper legal and ethical decision to right the wrongs perpetrated on our daughter.'
Sonya was born in Nebraska in 2004. Shortly before her biological father, John McCaul, was arrested and charged with the unlawful transport of a weapon, Sonya was put into the care of friend Jennifer Gunn because the girl's mother was not involved in her life.
Gunn took the girl to Dickson County, where the girl was placed in the custody of the Department on Children's Services. In 2006, McCaul was sentenced to 15 years in prison.
The Hodgins, who knew Gunn, became Sonya's main caregivers and filed paperwork to terminate McCaul's parental rights in hopes of adopting Sonya.
The couple petitioned Dickson County Chancery Court, claiming both of Sonya's biological parents had abandoned her - McCaul, because he was in prison - and therefore their parental rights should be terminated.
The court agreed, citing McCaul's 15-year sentence. In 2008, a judge allowed the couple to adopt her.
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The Hodgins, pictured here in 2014, were allowed to adopt Sonya in 2006 after a judge determined that the girl's biological parents abandoned her
The ruling was later reversed and Sonya, now 11 years old, was taken away from the couple eight-and-a-half years later in 2014 and returned to her father John McCaul's custody in Nebraska
But In 2009, McCaul won an appeal claiming he did not voluntarily give up his rights and the court did not follow due process in the adoption proceedings and the adoption rights were reversed.
Additionally, McCaul's sentence was reduced to 7.5 years because of his cooperation in an unrelated homicide case and was released from prison in 2012.
The Hodgins wrote in their statement that when Sonya was nine, she was 'ripped from our arms' in January 2014.
'We live with the horrifying image of the pain and fear on our child's face when she was taken from us,' they wrote. 'Her cries reverberate in the deepest part of our hearts.'
The Hodgins vowed to 'spend the rest of our lives advocating against such atrocities' and urged supporters to demand that states put children's welfare before adults'.
'While we are closing this painful chapter in our lives, our door, like our hearts, will remain open forever,' the Hodgins said in a statement, according to WSMV.
Sonya, front right with her adopted brother, was adopted by Dickson County couple Kim and David Hodgin, pictured back row, when she was just three years old
Lynn Coffinberry, McCaul's attorney, said that Sonya, pictured here in an undated photograph, is happy living in Nebraska with her biological father. Her biological mother has been out of the picture since the girl's birth
They continued: 'Our home will always be Sonya's home and we remain hopeful that her biological family will come to a place where they can support us having a relationship with her.
'There is no way to re-write history. All we can do is pray that the adults involved can find a way to set aside personal animosity and do what's best for Sonya.'
The couple included a message for Sonya in their statement:
'You will always have a home in Tennessee,' it read. 'You will always be a part of our family — forever and ever and always. We love you so much.'
They signed the note, 'Mom and Dad.'
Lynn Coffinberry, McCaul's attorney, told WSMV that Sonya is happy at home in Nebraska with her father.
'I am sure she and her family will be pleased with the Hodgins' announcement that they are ending their litigation,' Coffinberry said.
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