Legal Question in Criminal Law in Texas
Child Custody/Sex Crime
Hello, this is a complex, complicated situation. My sister lost a custody battle a year ago, and the father was granted custody. A* (my sister) could not prove that the father (J*) was abusive to her when they were living together. Friday, We went to get A*'s daughter for the weekend (she gets her every other weekend). J* and the baby met us at the gas station where they always meet A*. John told A* they needed to talk... I assumed it had to do with parent stuff, so I took the baby inside the store(it was cold outside). When we went outside, A* and John were gone. About 20 min. later, A* came inside and told me we needed to leave. A* didn't say anything about the situation until the next day. A* trusted John and willingly got into his truck, she said she was going to sit in her car because
she was cold. ''No, let go get sit in my truck.'' and then ''Let's go for a ride'' he then took her down a dark alley, put his hand around her throat and raped her. Thursday we went to the Sheriff's Dept. A* went to the hospital for testing but they told her it was too late. We took the Sheriff to the scene of the crime and we found the condom, box, and condom wrapper. What will happen to my niece if J* gets convicted of rape? Thanks!
1 Answer from Attorneys
Re: Child Custody/Sex Crime
If he is convicted of rape, I would guess that he would go to prison. In that event, the court would have to make a new determination of primary conservator.
IN THE MEANTIME, this woman needs to file for a modification of the order today.
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