mommyofmany27
Member
What is the name of your state (only U.S. law)? Texas
I know you guys hate when others post about something not directly related to them, so forgive me! I am inquiring about a situation my sister has been dealing with for 5 years as of next month....and I am afraid if she continues to sit back and not do anything it could come back to haunt her in the future.
Basics: 2005 ex-husband admitted to detectives to sexually assaulting their daughter since she was a few months old. He signed a sworn statement. Wont go into details, but it was pretty horrendous. Mother (my sister) sought an order of protection pending the outcome of the case. If innocent PO would go away, if guilty PO would stick (in Texas once he is released the PO will still be valid for a year after his release date). PO stuck. The monster plead guilty and was given a 5 year sentence and will have to register as a sex offender for the rest of his life. The sentence was so light because there was no physical evidence, just what the child was saying (2 1/2 and could not testify in court) and his confession (but you can't convict on a confession alone in Texas).
There has been obviously no contact for 5 years (it took 18 months for him to get sentenced after his confession, but the PO was in place). He was sentenced in June or July of 2006. She recently received notice that he is eligible for parole after he completes an 18 month course that put his projected release date at Jan 2011. Parole board never contacted her even after she requested them to do so prior to making any decision. They don't have to see anyone in person, but they were supposed to be required to at least call her and then decide if they wanted to speak to her in person.
She looked into terminating his parental rights (as she should) and when she spoke with an attorney they told her that just that part would be about 5,000 and the adoption itself would be also quite expensive. That discouraged her greatly and she felt like there wasn't anything she could do. She is remarried and has been for quite some time. I understand step-dad is not legally child's dad but this child, by the grace of God, has no memory of the events that went on for almost 2 1/2 years, has no memory of her bio dad and calls step-dad daddy (I know kids calling step-dad daddy here is a hot topic, but this is an extremely different case). Her attorney that she had in the divorce and then represented her again in the PO told my sister when everything happened not to terminate rights, but to get custody modified to no visitation/contact, but to collect the child support. My sister does not want this and refers to it as "dirty money", but she's just sitting back and doing nothing. I know I can't force her hand to do anything, but I really think that she just feels like there is nothing she can do because she can't afford to pay for an attorney. Can victim services assist her with any of this?
I can't remember the exact terminology of the crime he was convicted of, but I will find out.
I know you guys hate when others post about something not directly related to them, so forgive me! I am inquiring about a situation my sister has been dealing with for 5 years as of next month....and I am afraid if she continues to sit back and not do anything it could come back to haunt her in the future.
Basics: 2005 ex-husband admitted to detectives to sexually assaulting their daughter since she was a few months old. He signed a sworn statement. Wont go into details, but it was pretty horrendous. Mother (my sister) sought an order of protection pending the outcome of the case. If innocent PO would go away, if guilty PO would stick (in Texas once he is released the PO will still be valid for a year after his release date). PO stuck. The monster plead guilty and was given a 5 year sentence and will have to register as a sex offender for the rest of his life. The sentence was so light because there was no physical evidence, just what the child was saying (2 1/2 and could not testify in court) and his confession (but you can't convict on a confession alone in Texas).
There has been obviously no contact for 5 years (it took 18 months for him to get sentenced after his confession, but the PO was in place). He was sentenced in June or July of 2006. She recently received notice that he is eligible for parole after he completes an 18 month course that put his projected release date at Jan 2011. Parole board never contacted her even after she requested them to do so prior to making any decision. They don't have to see anyone in person, but they were supposed to be required to at least call her and then decide if they wanted to speak to her in person.
She looked into terminating his parental rights (as she should) and when she spoke with an attorney they told her that just that part would be about 5,000 and the adoption itself would be also quite expensive. That discouraged her greatly and she felt like there wasn't anything she could do. She is remarried and has been for quite some time. I understand step-dad is not legally child's dad but this child, by the grace of God, has no memory of the events that went on for almost 2 1/2 years, has no memory of her bio dad and calls step-dad daddy (I know kids calling step-dad daddy here is a hot topic, but this is an extremely different case). Her attorney that she had in the divorce and then represented her again in the PO told my sister when everything happened not to terminate rights, but to get custody modified to no visitation/contact, but to collect the child support. My sister does not want this and refers to it as "dirty money", but she's just sitting back and doing nothing. I know I can't force her hand to do anything, but I really think that she just feels like there is nothing she can do because she can't afford to pay for an attorney. Can victim services assist her with any of this?
I can't remember the exact terminology of the crime he was convicted of, but I will find out.
