The Belleville News-Democrat reported on the disturbing case of a 6-month-old boy caught in a messy custody and visitation dispute in the wake of his half-brother's murder more than a year ago. Scott Endicott claims the child, Colin Schoolfield, is his and is seeking legal paternity.
But Mr. Endicott remains in custody himself, accused of beating his girlfriend's son (the baby's toddler half-brother, Joseph) to death. So while he prepares his defense to murder charges, he is working with Illinois family lawyer Jay J. Zanton in his effort to claim Colin as his son. Legal paternity has not yet been established.
Valerie Schoolfield also remains behind bars and faces similar murder charges linked to the boy's beating death while her son Colin is in the custody of Ms. Schoolfield's mother, Magdalene Oates. Ms. Oates filed for custody 13 days after Colin's birth.
Ms. Oates told reporters she has taken the baby to see his mother at the Clinton County Jail twice but stated in her petition to the Dept. of Children and Family Services (DCFS) that "unrestricted visitation with the child by the mother may seriously endanger the child."
In other words, she wants to raise the child herself and claims the boy's biological parents are unfit for the task:
"This child deserves a fair chance at life. ... He does not need to be tainted by this."
Tragically, DCFS received a hot line call about Joseph just three months before his death.
The agency put him in protective custody on Sept. 25, 2008, but a court order returned the boy to Ms. Schoolfield roughly two weeks later. But the court order was against the recommendation of DCFS, which also instructed Ms. Schoolfield to keep the boy away from Mr. Endicott.
Mr. Endicott now faces capital murder charges and Ms. Schoolfield faces life in prison.
Related Resources:
- Custody and Visitation in Non-Divorce Cases (FindLaw)
- Protective Custody (LawBrain)
- Custody Disputes Stemming from Domestic Violence (FindLaw KnowledgeBase)
- Directory of Chicago Family Law Attorneys (FindLaw)
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