Child custody battle heats up

DAYTON, Ohio (WDTN) - A 2-year old child was at the center of a two-state custody battle that stretched from Orange County, California to Dayton, Ohio.

Vanessa was born in Dayton, but given up for adoption one month before birth. Now the child's father has stepped forward, saying he wants her back.

The courts just ruled in his favor, which meant, Vanessa would have to leave the only mother she has ever known in California, and come back to Ohio.

Stacey Doss, a single mother in Orange County, adopted Vanessa before her birth, and has cared for her to this day.

Doss said, Vanessa's birth mother told her the child's father was not in her life, in fact, she was not even sure who the father was.

DNA test results have proved that Benjamin Mills, Jr. is the birth father. He said he had no idea his child had been given up for adoption, and he wanted her back.

Susan Doss was shocked and devastated.

"I can't imagine life without her and I think, seriously I don't think she will do well without me," said Doss.

Doss said she understood the father's reasons for wanting his child back.

"He thinks that she was stolen from him and thats part of his motivation is that something was taken from him," said Doss, but she was also extremely concerned.

Court records stated that Mills served 18 months in prison for domestic violence against the child's birth mother.

"He drug Vanessa's birth mother around by the hair to the point where police found bloody clumps of her hair around the house. He strangled her until she was unconscious," said Doss.

2 News spoke to the family of the Vanessa's birth mother, who said they were also concerned for the child's safety, and felt she was better off with her Orange County mother.

After a long custody battle, 2 judges and 6 lawyers met behind closed doors and made the tough decision of returning Vanessa to her birth father in Ohio, on Friday.

Stacey Doss was extremely emotional as she walked out of the courthouse.

"I only have until the 16th to save my daughter," said Doss.

She planned to file an appeal.

2 News tried to track down Benjamin Mills, Jr. and went to several addresses listed on court records, but were unable to get ahold of him. We also left a message for his attorney from Legal Aid, and have not heard back yet.

An adoption hearing is set to take place in Ohio, by the end of the month.

We're told Vanessa will be placed in foster care in Montgomery County, then she will be handed over to Mill's mother, who is also taking care of two of his other children at this time.