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NEWS

Judge sends Sonya case to Nebraska

Brian Haas
bhaas@tennessean.com

The judge who first put 10-year-old Sonya McCaul in state's custody has ruled that the case should be sent to Nebraska, where she is living with her biological father.

Dickson County Juvenile Court Judge Andy Jackson ruled late Friday that much of the last nine years of legal wrangling over Sonya in his court may have been invalid because he didn't have jurisdiction in the first place. Under interstate rules involving children, Jackson has said that Nebraska must first accept the case before it is formally transferred.

"I understand that's in process," said Lynn Coffinberry, attorney for Sonya's biological father in Nebraska, John McCaul. "The Nebraska courts will make decisions about this case. They'll monitor Sonya and the family."

But David and Kim Hodgin, the former foster parents who have fought for nine years for custody of the girl, are vowing to fight on.

"Last week Judge Jackson attempted to sweep our daughter's case under the rug on his last day on the bench," read a statement provided by Jessica Munday, who has spoken on the family's behalf. "We are confident with our legal team and they are working hard to address his last-ditch effort to prohibit Sonya from having a best-interest hearing."

Jackson's ruling came in large part due to the apparent recent discovery of a 2005 order in Nebraska giving McCaul custody of Sonya. That despite the fact that the 2005 order was mentioned in a 2009 appeal.

The years of wrangling began in 2005 when a caregiver, with McCaul's permission, took Sonya to Tennessee. There, she refused to return the girl, sparking legal battles for her custody. In 2006, McCaul was indicted on a federal firearms charge, for which he was eventually sentenced to 15 years.

That same year, a court terminated McCaul's parental rights and approved the adoption of Sonya by the Hodgin family. While those actions were overturned by an appeals court, the Hodgin family raised Sonya in Dickson until earlier this year.

In January of this year, Jackson approved an order that took Sonya from the Hodgins and sent her back to her father in Nebraska, which is where she has lived ever since.

Both sides are still awaiting rulings in both Dickson County Circuit and Chancery Court. The Hodgins are challenging Jackson's January order in Circuit Court. In Chancery Court, they have filed to adopt Sonya and terminate McCaul's parental rights.

Coffinberry said they expect rulings in both cases as soon as this week.

Reach Brian Haas at 615-726-8968 and on Twitter @brianhaas.