Updated: 4:15 p.m. Tuesday, Nov. 6, 2007 | Posted: 3:12 p.m. Tuesday, Nov. 6, 2007
By Rick Earle, Target 11 Investigator
PITTSBURGH —
According to court documents, Donna Elder and Phil Demas were awarded temporary custody of Pearl four years ago after her biological mother agreed to the arrangement.
Elder and Demas filed for adoption and moved to North Carolina, but now Pearl's biological father is challenging them for custody.
The couple told Target 11’s Rick Earle that Pearl’s biological father, Robert Story, is listed on Pennsylvania’s Megan's Law Web site.
Court documents show Story was convicted of promoting prostitution of a minor in 1989.
The police report stated the victim was 14 years old. Also in 2004, Story pleaded guilty to another charge of promoting prostitution.
Elder said, “I’m so worried. I love her with all my heart and soul. She's my daughter.”
Earle asked Story if he should have access to his daughter.
Story responded, “Yes.”
Earle asked, “ Why?”
Story replied,” Because I’m innocent of the charges.”
Story told Earle that the case that landed him on the sex offender Web site happened nearly 20 years ago.
Scott Hollander heads a local child advocacy organization. He argued that just because a person is on the Megan’s Law Web site it doesn't mean they are a danger to their child.
Hollander said, “What I can say about Megan’s Law is that it raises a huge red flag that has to be investigated. “
As Donna Elder and Phil Demas wait for the judge's decision, they know one day Pearl will have a lot of questions about her past.
Elder said, “I'm not trying to say I don't want him to never have anything to do with her. I don't really know him. In time as she grows older curiosity is going to come and she's going to want to meet her biological family. I have no problem with that.”
Over the summer, a judge granted visitation to Story, but after Earle began asking questions the judge suspended those visits.
Story was ordered to undergo more psychological evaluation.
Story is scheduled to come off of the Megan's Law Web site at the end of this year.
The judge has scheduled a custody hearing for February.