Legal Question in Family Law in Texas

Two weeks before school let out, a woman entered an elementary school asking for her daughter. She gave her daughter's name and teacher's name. The secretary called the room and had the girl come to the office for check-out. The woman left with the child. The secretary did not ask for identification from the woman. If she had, she would have been alerted that this woman was NEVER to pick up this child. She had lost her daughter and her other children due to abuse neglect to them. The Father and Step-Mother have been told they cannot sue the school and were not allowed to know who had neglected to ask for ID. They are not being told where their daughter is. All they have been told is that every time the police find out where she is, they have moved by the time the police get there. Shouldn't it be the parents right to see a copy of the police report? Shouldn't they be able to sue the school when it clearly states in there policy that you must show ID before picking up your child? They have also been told that even if they did get the name of the secretary that did it, that they wouldn't be able to sue her. This concerns me personally because our 7yo daughters are best friends and we also have our daughter because her Mother abused her. The school is Logan Elementary in El Paso, TX. Please, any help would be appreciated so I can relay this to my friend.


Asked on 7/20/10, 5:43 pm

1 Answer from Attorneys
TC Langford Langford Law Office

The primary conservator of the child has a right to take the actions you seek to take. In order to file a lawsuit, you have to have standing. A cause of action requires damages. The primary conservator of the child has suffered damages, but you have not. Police reports, during an ongoing investigation, are not public record. Since you have no standing to intervene in this action, you are not entitled to copies of documents in the case. Your alternative may be to petition the school board to institute better, safer policies.

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Answered on 7/21/10, 8:34 am


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