November 10, 2021 by Nesibe Selma
LSLA Military & Veterans Unit Represents Caring Uncle in Custody Case
Devoted uncle Justin Gillis became involved in a court action with his sister’s children. Their mother and father lost legal and custodial rights in New York City due to several allegations of neglect and abuse. Thus, a New York order placed the children with Mr. Gillis’ mother; the court order allowed the parents visitation rights at the discretion and under the supervision of the grandmother. Unfortunately, Ms. Jentilus passed away in March 2020 from COVID, leaving the children unsupervised at the height of the tumultuous pandemic. Amidst all the confusion, members of Ms. Jentilus’ church momentarily stepped in to provide shelter for the children as Mr. Gillis traveled to New York to sort out his late mother’s affairs. Everyone involved agreed that the children could certainly not return to a life under the negligent care of their parents, so Mr. Gillis acted by filing an abandoned children report with the police.
Despite his diligent efforts, the case was an arduous one. Both parents are homeless, diagnosed with certain mental illnesses, and suffer from drug abuse, making communication with them troublesome. The father was willing to be compliant, but could not have his waiver notarized without his photo ID. Mr. Gillis’ sister, on the other hand, would continually insist on signing a waiver and never follow through. Instead, she changed her email address multiple times to dodge the court’s attempts to contact her. Taking it a step further, she called the FBI on Mr. Gillis and accused him of kidnapping her children. Performing their due diligence, the FBI conducted interviews with the children, Mr. Gillis, and his chain of command.
Though Lone Star Legal Aid could not represent Mr. Gillis in another state, Military & Veterans Unit attorney Lori Fergie virtually attended the New York hearings. Once the jurisdiction in Texas was approved, the mother dropped her case in New York, allowing LSLA to officially take on Mr. Gillis. Repeated efforts were made to contact the mother to sign a waiver, so Lone Star Legal Aid hired a private process server to serve her directly, which was also unsuccessful. Finally, Ms. Fergie filed a motion for substituted service, allowing her to email the petition to the mother’s various email addresses. Around the time the motion was granted, we received a signed waiver from her and immediately set the motion for hearing.
From there, the remainder of the hearings were smooth sailing. The judge appointed Mr. Gillis as the Non-parent Sole Managing Conservator of the Children, giving the parents visitation rights at his discretion and supervision. No child support is expected of the parents, and the children will be placed on Mr. Gillis’ military health insurance, Tricare. Mr. Gillis will now submit annual reports to the court detailing the whereabouts and status of the children to ensure that they maintain their stability and receive consistent and proper care.
Throughout the hearing, both the judge and Mr. Gillis were smiling ear to ear as they agreed on the children’s future. Mr. Gillis was determined to be a dutiful soldier and devout uncle. With his persistence and Lone Star Legal Aid’s diligence, his niece and nephew have now been granted a loving and nurturing home environment.
Lone Star Legal Aid is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations. Lone Star Legal Aid serves millions of people at 125% of federal poverty guidelines that reside in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties of southwest Arkansas. Lone Star Legal Aid focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety and stability, health and well‐being; and assisting populations with special vulnerabilities, like those with disabilities, or who are elderly, homeless, or have limited English language skills. To learn more about Lone Star Legal Aid, visit our website at https://www.lonestarlegal.org.
Media contact: Media@LoneStarLegal.org
