Ask Me Help Desk - Child abandonment

In November of 2007, my brother lost his wife to a sudden and unexpected aortic aneurysm, at the time they're newborn was just a few months old. Due to the shock and sudden chaos caused by this,, my brother opted to leave the baby with his dead wife's parents, until he could get things under control and back to a certain level of stability suitable for a young child who has just lost her mother. During this time my brother traveled mostly alone but many times with family members, to the town of Petersburg, Texas, some 12 hours away from home to visit with his daughter, and to take supplies and gifts for her care. The parents of my brothers dead wife,, have also brought the baby to Willis, Texas to visit my brother and our side of the family. My brother is now going to have to fight to get his daughter,, the grandparents are fighting him for custody. To my knowledge they intend to charge him with child abandonment. They are represented in Lubbock County, Texas by an attorney who is also a long time family friend of theirs. My brother is representing himself. What can we expect at the first hearing coming up this Friday August 8th 2008? Concerned in Texas

Quote:

Originally Posted by mariner961

In November of 2007, my brother lost his wife to a sudden and unexpected aortic aneurysm,, at the time theyre newborn was just a few months old. Due to the shock and sudden chaos caused by this,,, my brother opted to leave the baby with his dead wifes parents,, until he could get things under control and back to a certain level of stability suitable for a young child who has just lost her mother. During this time my brother traveled mostly alone but many times with family members, to the town of Petersburg, Texas, some 12 hours away from home to visit with his daughter, and to take supplies and gifts for her care. The parents of my brothers dead wife,,, have also brought the baby to Willis, Texas to visit my brother and our side of the family. My brother is now going to have to fight to get his daughter,,, the grandparents are fighting him for custody. To my knowledge they intend to charge him with child abandonment. They are represented in Lubbock County, Texas by an attorney who is also a long time family friend of theirs. My brother is representing himself. What can we expect at the first hearing coming up this friday August 8th 2008? Concerned in Texas

I would most definitely not try to defend myself in this case. I would be represented by an Attorney as the other side will be very well armed.

That your brother will lose. If he is up against a lawyer, he is goiung to have a hard time of it. He NEEDS an attorney to tell him what documentation he needs to present, what arguments he needs to present etc. It won't matter whether he is in the right or not, but an attorney will know how to present his case while your brother won't.

Part of what your brother needs to do is document all the contact and visits he has had with his child in the last several months. As well as how he has stabilized his life.

He really needs a lawyer for this. Just because he's the dad doesn't make it a slam dunk. One thing he needs to work on is that Texas law seems to have intention at its heart. He needs to work with that and also to show that he did in fact visit and provide for the child and his intention all along was to be the child's father and that this was only temporary. Again its almost too late. He needs a lawyer yesterday.