August 20, 2024 by Natalie Cochran
Grandparent Obtains Sole Conservatorship of Two Young Boys After Their Infant Brother was Killed by Their Parents
Pat, a grandfather of two boys ages one and three, called Lone Star Legal Aid seeking custody of his grandsons after the boys’ parents, Hannah and Jonathan, were incarcerated following their conviction for causing the death of the boys’ infant sibling. The infant boy was smothered between a mattress and a wall while the parents were under the influence of drugs. LSLA Staff Attorney Cheranda Robertson took on Pat’s case.
Before this devastating incident, Pat and his late wife had been the primary caregivers for most of the boys’ lives due to Hannah and Jonathan’s history of severe substance abuse and neglect. The abuse ultimately led to the death of the couple’s youngest child, and not long after, Pat’s wife also passed away, compounding his grief.
Hannah had a history of legal troubles, with arrests in 2012 and 2014 for theft by check and another for driving without a license. Jonathan’s criminal record was even more extensive, including multiple arrests for drug possession, burglary, DWI, and evading arrest.
During the custody battle, Pat expressed his desire to pursue child support from Jonathan, but the judge was unable to issue a default judgment due to uncertainty regarding Jonathan’s paternity, despite his claims of being the boys’ biological father.
However, when it came to securing custody of the boys, the judge ruled in Pat’s favor, granting him all the requested relief and additional provisions that ensured the well-being of the children.
With LSLA’s help, Pat was awarded Sole Managing Conservatorship of the boys, which is a legal arrangement that gives one parent the sole authority to make certain decisions about their child. The court order also stipulated that the parents would only have possession and access under Pat’s terms, and Jonathan was required to provide cash medical support. The judge publicly commended Pat during the trial for his unwavering dedication and the loving home he provided for his grandsons despite the tragic circumstances. Pat expressed deep gratitude for the support and legal representation that enabled him to achieve his goals and provide a stable, caring environment for his grandsons.
Under Pat’s care, the boys thrived in a safe, nurturing environment. They excelled in school, participated in enriching extracurricular activities, and attended counseling to help them heal from their traumatic past.
“Pat was such a pleasure to work with and represent. We have had a flood of cases this past year in which grandparents are seeking custody of their grandchildren due to abandonment, abuse, neglect, and family violence. It’s such a sad situation but the silver lining is that these children have loving grandparents who sacrificially step up to the plate to care for them and fight for them. It’s very moving to see. These grandparents are lifeboats to these children. Were it not for them stepping in, the children would likely end up in the foster care system and risk losing connection to their family, their heritage, and their community. The children would also statistically be at high risk for suffering further abuse and neglect, and there is a significant probability that the children would wind up entering the criminal legal system themselves at some point. The judges in these cases are equally amazed and pleased with the grandparents’ willingness to raise and protect their grandchildren, and they often publicly commend them in open court. It’s truly a redemptive and beautiful thing to see in an otherwise heartbreaking area of the law,” Robertson said.
*Names have been changed to protect the identity of the client(s).
