In the 30 years between his birth in West Philadelphia and his death in the North Tower of the World Trade Center, Kenneth M. Caldwell saw his father twice - the last time in 1984.
Leon W. Caldwell left his wife, Elsie, and two sons about 1973. He rarely called and did not visit. He made no attempt to get custody of Kenneth or his older brother, Leon II; did not remember birthdays or holidays; and fell thousands of dollars in arrears in child support.
Today, in a court in Brooklyn, N.Y., Leon Caldwell will try to prove his right to half the $2.9 million awarded to his son's estate from the federal 9/11 Victims Recovery Fund.
Two other New York Surrogate's Courts - they handle wills and estate cases - have ruled against abandoning fathers in 9/11 cases, and Paul J. Bschorr, a lawyer for Elsie Goss-Caldwell, says the Brooklyn judge should follow suit.
"A craven and disgraceful attempt to profit from the death of his son," Bschorr wrote in the petition to disqualify Caldwell from sharing in the award.
Caldwell, 59, a cook who lives in Paterson, N.J., could not be reached for comment. In court filings, Caldwell's attorney, Richard M. Chisholm, accused Goss-Caldwell and Bschorr of creating a "simplistic picture" of her as saint and him as devil.
"The facts of this case are hardly so straightforward," Chisholm wrote. "Simply put, the marriage of Elsie and Leon Caldwell, like most marriages, did not resemble an episode from The Brady Bunch. Neither party was blameless."
Chisholm maintains that Caldwell was a father to the boys from Kenneth's birth until 1975, after he moved to Paterson for a job and his wife began putting "impediments" to visitation.
Caldwell, Chisholm says, could not afford a lawyer to sue for visitation or shared custody.
To some people, Caldwell's action may seem indefensible. Yet he never really has had to defend it. His case is simple: He is a surviving, albeit estranged, parent; Kenneth died without a will; he has a right to the money.
It has prevailed so far. Three years ago, the New York State Workers' Compensation Board awarded Kenneth's estate $50,000 on a claim filed by his mother, who is the estate's administrator. Leon intervened seeking half - and got it.
He later was ordered to return $12,460 to his ex-wife to cover unpaid child support, but the point was made: The law didn't require a good father, just a biological one.
