I want to do is just see my daughter. That's it. >> Have you always told the child that your husband is is her real father and that uh and that does she have any knowledge of Mr Gaye?
>> Um it's never really been talked about. I mean I have another daughter by my husband and she calls him dad. So that's she's just always assumed it was dad.
We never corrected her because she doesn't know him. He walked out. >> That was not a good decision.
I'm sorry because he's got a story and you got a story and so far what I've heard they don't minor child nasal party being Skylar Gayy casterial party being Kelsey Hendricks and this matters before the court on the original petition is soon parent child relationship with an AOP a nause fraternity of course taking judicial notice of the court file know for the record that Miss Hendrickx did file a written response however Mr Hendricks this it was it was in a narrative form and not in legal form and since uh you have to be in there before the court can review something like that it would have to be under oath. So I I can't read it, but I do know that I will note that you did file it, ma'am. But for right now, if you want anything that was in that document to come out, you would have to testify to it after you've been placed under oath.
So at this time, Mr Morgan, I'll ask the state for an opening to tell the court what the state's requesting we do here today, what you understand any and all agreements and contest to be at this time. Thank you. >> Thank you, Judge.
Um the state will be requesting um for hopefully a finalized order today if we can. Um, it is my understanding that the parties have a disagreement as to conservatorship and possession and access. It will be uh Miss Hendricks's request for soul management conservatorship and her requests for no visitations or in the alternative for visitations to be at her discretion.
>> Okay. >> Sorry. I'm gonna stop you right there because I got to interrupt.
>> Miss Hrix, that's not the law. you are asking for something way beyond the pale. You the burden of proof will fall on you to uh uh uh show the court why I should name you as soul.
That's easy enough uh of a process, but you got to have special circumstances to get there. And under no circumstances would I uh the court can allow leave leave visitation up to discretion of the custodial party because that's what's called an uninforcable order. Speaking of uninforcable orders, >> there is to be no contact with any target in the United States of America, overseas, or anywhere.
Do you understand? >> Yes, ma'am. >> Uninforceable.
But I appreciate the sentiment. >> I've got to have specific times, dates, so forth and so on. Even CPS cases, that's the way it's set up as far as visitation is concerned.
So again, I didn't mean to interrupt you that much, Mr Morgan, but Miss Hendris, when you ask for something so outside what the law says I'm supposed to do, I need to let you know up front that uh yeah, you're the burden of proof falls on you. And uh for the visitation thing, there's no way uh uh that I can order that uh uh visitation be left at your discretion. >> Thank you, Judge.
Um and it is my understanding there are no police reports, protective orders, or criminal convictions that Mr Gaye has received. The only thing that was found was a like graffiti charge that he received in high school in 2012. Um so with that uh the state and the father would request um more than likely joint managing conservatorship with phased in visitation at uh six visits with each step as the father um does not know the child necessarily or have an established relationship and he understands that and understands um that phase in visits is probably what's necessary.
He is asking for electronic communications because he does live about 250 miles away for work. Um, and is in agreement to setting child support as well as Miss Hendris at $438 based on guideline child support of $15 an hour, 40 hours a week. Um, medical support for the state in the amount of $120.
And the state will be asking for the parties to communicate via app close and also for court costs to be waved due to Mr Dy's application. >> All right, folks. Again, I'm going to go ahead and uh get testimony from everybody involved here.
See what the circumstances are, what the current circumstances are, what the past circumstances are. It's a little unusual that I have some some of this some of these items as requested based on the fact that you both voluntarily signed in maternity on about time the child was born. But again, let's find out what's been going on in this case for the last five six years uh since the child's born and uh let's get let's get this matter updated and let's see where we're going to go.
All right. So, at this time, Miss Hendricks, Mr Gaye, please both raise your right hands. All right.
Do you both sle, swear, or affirm? Any testimony you're going to give here today is the truth, the whole truth, and nothing but the truth will help you. >> Yes, sir.
>> All right. Thank you both very much. You can put your hands down.
I'm going go ahead and let the state ask you both questions at this time. At the end of the hearing, if there's anything else you think either of you think I need to know that's uh uh uh that's relevant to what we're doing here today as far as what I can do as far as ruling concerned, I'll allow you to do it. Again, like I've said in earlier cases, I'm not sure you heard it.
You're your own lawyers here today and I do have to hold you to the same standards if you're an attorney. So again, you're allowed to put on any type of case and chief you want, but it's got to be in accordance with Texas Family Code, the Texas Rules of Civil Procedure, and Texas law. So again, that's a whole m a lot of mouthful uh that but uh it is what it is.
So at this time, the state may call you as individual witnesses and again at the end of the hearing, I'll let you tell the court anything that you think is pertinent and relevant. Thank you. You may proceed, Mr Morgan.
>> Thank you, Judge. State calls Kelsey Hendricks. Miss Hendricks, please state your name for the record.
>> Kelsey Nichl Hendendricks. >> And ma'am, you signed in acknowledgement of paternity for Keegan. >> Yes, sir.
At this point, judge state offers into evidence what has been marked as exhibit one, the acknowledgement of paternity in this case. >> Is there any legal reason and I should not allow this into evidence at this time? Miss Hendricks?
>> No, sir. >> Any reason, Mr Gaye? >> No, sir.
>> All right. Stage one's admitted. You may proceed, Mr Morgan.
Thank you. >> Thank you, Judge. Um, Miss Hendris, um, what is your request in regards to conservatorship?
Um my daughter is she will be six in July and she has he her father has been out of her life since she was nearly >> objection non responsive Miss Hendricks. >> Okay I'll explain it to her. Miss Morgan Miss Hendricks you need to ask listen to the question answer the question.
Don't go beyond the boundaries of the question. I know you got a lot you want to tell the court, but we'll get to those on down the line. An appropriate question or you can tell the court after uh Mr Morgan has finished his question.
But for right now, just listen to the question and answer that question. Thank you, ma'am. >> You may proceed.
>> Miss, what is your request in regards to conservatorship? >> Um to be the sole conservator. >> Why are you requesting soul managing conservatorship?
>> Because I feel as he is unfit. He hasn't tried to go put himself on child support or anything. She doesn't know him.
>> And you understand that he's the one that applied for um services with our office? >> Uh no, I was told by a lawyer that it was Medicaid, medical support. >> And you understand that he did fill out an application that that's what I'm telling you today.
>> Okay, I understand that now. Yes, sir. >> And when was the last time that Mr Gaye saw the child?
>> March 30th, 2019. And you understand that the state would request to use the stepup visits today? >> Yes, sir.
>> What is your request in regards to um possession and access? >> Um I mean she doesn't know him. She my uh husband has been her father.
That's all she's ever known. And you understand that with the step up program that the first um step of visitation would be supervised by you andor someone you designate? >> Yes, sir.
>> And that this is to be able to establish a relationship between Mr Gaye and the child? >> Yes, sir. >> Has there ever been any police reports that you filed against Mr Gaye?
>> No, sir. >> Any protective orders you've gotten against him? >> No, sir.
>> Any physical violence um between the two of you in the last two years? No, sir. >> Uh, any criminal convictions that you know of that he's received?
>> No, sir. >> Are you opposed to communicating um for the child through bath clothes? >> That's fine.
>> And you understand that the state made guideline child support calculations in the amount of $438? >> Yes, sir. >> How does your child have health insurance?
>> Medicaid. And you understand that the state's requesting $120 cash medical for Mr Gaye for that? >> Yes, sir.
>> And you understand that Mr Gay is requesting for electronic um visits to occur between him and the child? >> Yes, sir. >> And that those can happen through applo.
>> Yes, sir. Uh, and it's my understanding that you um had hopes of your current boyfriend adopting the child, but that has not been filed. Correct.
>> It's my husband. And >> your husband, but that hasn't been filed. Correct.
>> Yes, sir. >> And no parental rights have been terminated by Mr Gaye? >> No, sir.
>> And so you understand that's why we're continuing on with doing an order today? >> Yes, sir. >> Um, that is going to be all the questions I'll have for this witness.
Judge, I'll pass this witness. >> All right, Miss Hendricks, I'm going to go I'm going to come back here in a moment. I need to get to Mr Gayy's testimony.
Yes, sir. >> I get this a couple hundred times a year. Uh parents be been out of touch with child for over years.
New husband is there, been around, that sort of thing. But the bottom line is he's the dad, you know, and uh for uh for me to do anything differently, uh that's why the state asks you all those questions about whether or not you file for adoption, there's a termination on file, that sort of thing, because again, until there's something along those lines, ma'am, he gets all those rights as a as any parent would under Texas law. So, but I'll be back to you in just a moment, ma'am.
Uh uh and uh but I need to get the the data from Mr Gayy at this time. Mr Morgan, you can call your next witness, please. Thank you.
Thank you, Judge. State calls Skyler Gaye. Mr Gayy, can you please state your name for the record?
>> Skyler Blue Gaye. >> Uh, what was that first name? >> Uh, Skylar.
>> Yes, sir. Okay. I thought I heard something different.
Just wanted to make sure. And, um, sir, could you uh please state your relationship to the child? >> That's my daughter.
And sir uh what is your request request today in regards uh to conservatorship? >> All I want to do is just see my daughter. That's it.
>> And so sir, are you requesting to be named joint managing with the other party? >> Yes. >> Uh that she would be the primary custodial parent that the child lives with.
>> Yes, that's fine. >> And sir, uh when was the last time that you saw the child? Like I said, since she was like two years old.
>> And so you understand and are requesting to use those phased in visits today? >> That's fine. As long as I get to see her, that's all that matters.
>> Sir, where are you currently living >> right now? I live in Portland, Portland, Texas. >> And that's about 250 miles away from where the child's living?
>> Yes. >> Is that correct? Uh and are you requesting for requesting uh for electronic visits?
um between the child. >> Yes. >> Uh and you are also understanding it that the state is requesting uh that you communicate through app close for the child.
>> Yeah, I absolutely understand. >> Where are you currently working? >> Uh FDF energy services.
>> What's your hourly rate of pay? >> Uh 15 an hour. >> And you work a 40hour week?
>> Yeah, 40. It it varies 40 to 80 hours. Uh, and you understand that the state made guideline child support calculations based on your wages to be $438 a month and that we are requesting uh that your court costs be waved due to your application for services.
>> Yes, that's fine. >> Judge, that's all the questions I'll have. I'll pass the witness.
>> All right, M. Morgan, anything on retro? Uh, judge, this is one that I was given and from what I'm understanding, none was requested, but I can definitely recall Miss Hendricks and and see about that.
>> All right. Thank you. All right.
Go ahead and do so. Uh, and then I'll then I'm going to allow these the parties to tell me what they're requesting I do cuz uh based on these circumstances and this distance and these problems, I may be looking at making this a temporary order appointing light to make uh recommendations going forward as far as what the breakin visits need to look at like after conversing with both parties and everything, but I'm looking at going ahead and getting something started day one way or the other. Thank you.
>> Yes, sir. Uh, state briefly calls Miss Kelsey Hendricks. Miss Hendrix, are you requesting retroactive child support today?
>> Yes. >> Um, when did did you and Mr Gayy ever live together? >> Yes.
And well, till she was a year old. Uh, was a little over a year old. >> And so when would he have moved out?
Um, when when was the child a year old? About what month and year? >> July.
He pro I don't know exactly. It's been about four years ago. five years ago.
Um I want to say maybe that Novemberish or so. I mean he we split up and he lived with his mom for a while. >> Tell you what, Mr Morgan, I'm looking at making this a temporary order.
Okay. >> Uh so we can reserve the retro to the final, but uh I'll I'll let the parties be thinking about that and uh but they want to talk to their own lawyers, whatever. So all right, sir.
Real quick before I go back to her, is there anything else you want to tell the court at this point? And I need to ask a question. Um, you've always known where Miss Hendricks and the child are living, sir.
Was there any time frame that you were unaware? >> Uh, actually, I've been blocked from everybody from every social media, phone calls, phone number, everything. I've been reaching out.
I sent stuff for my mom that sent stuff to her uh sister for Easter, every holiday, everything. Here's the deal, sir. You're getting past the question.
I'm going to get down to the circumstances going forward, but uh but you do you do you did you did know where she was living and that sort of thing. Is that correct? >> Oh, excellent.
I didn't. >> Okay. All right.
Anything else you want to tell the court, sir? Again, not all that. We're I'm going to save all that other good stuff for final hearing.
Uh but for right now, uh and where's port which county is Portland? I'm not uh I've heard of it, but I'm not sure. Is that down there?
Houston. Where where are you, sir? It's over there by uh the you know where Porto Ranis is.
It's around that area. >> Okay. All right.
You're down Portois. Okay. Thank you.
>> San San Patricio, I think. >> Okay. San Patricia County.
Thank you. All right. Anything else, sir?
>> That'll be it. All right. Miss Hendris.
Ma'am, anything else? >> Um he knew exactly where I lived. That's the same address he lived at with me.
>> Okay. So, it was the same place. All right.
Hey man, this is what I'm looking at doing. I'm looking at naming you both temporary joint management conservators. I'm looking at giving you the right to side doicile.
I'm looking at uh uh setting up uh uh temporary child support, temporary cash medical going forward. I'm looking at also uh start setting up a a uh electronic visits with the child. He's 250 mi away.
And I'm also looking at doing the breakin visits. Somebody's 250 mi away. I usually don't do the six.
I usually do somewhere uh between three and six. Uh she's uh uh what? She's five now or six?
>> She'll be six in July. >> Okay. So, she's she's an older child.
Uh uh All right, ma'am. Here's the here's the here's the tricky question. Obviously, she knew something was up from the DNA test.
So, does she know uh anything about Mr Gaye at all? >> Nope. The day that he walked out and he asked to get her one time, he called me and told me that he couldn't handle her.
She was crying and from then on she my uh husband has been there and that's all she knows is dad. >> Okay, ma'am. Again, then did you did she ask you any questions about the DNA testing?
>> No. >> Okay. All right.
Cuz usually at 5 years old they gonna Why am I going here and why are you putting a swab in my mouth? >> Well, I mean she she got that done when she was a baby when I was in the hospital when me and him were still together. >> This was an acknowledgement of paternity.
You're >> okay. That was the last case of the DNA test. Never mind.
Sorry. All right. Thank you.
>> All right. And ma'am, which county do you live in? >> Bel County.
>> Okay. All right, folks. Here's what I want to do.
Mr Morgan, give me a couple minutes to think about how I want to set this up. Uh uh again, I I'm trying to be a little delicate here. I got because Mr Daily and Miss Hendricks.
Again, I don't want to uh uh future shock the child or worthy or or you know, anything along those lines, but I do have to come up with something and I'm looking at appointing the child a lawyer to investigate to make re recommendations going forward how I should set this up and how uh uh how I should do it. And since this has been going on or been separated for four years, I think we can probably wait uh uh uh 30 to 40 days until I come up with something as far as a temporary is concerned dealing with visitation going forward because I do want to give the Atlanta opportunity, the child's lawyer the opportunity to investigate and find out what's going on here and what he or she thinks is in the child's best interest. So, what I'm going to look at do look at doing is uh uh I'm going to go ahead and appoint Miss Schwarz on this one.
>> Schwarz said correct. >> Yes, sir. >> All right.
I'm going to go ahead and appoint Miss Elizabeth Schwarz as the adam in this case and know where she's the one that's been appointed to represent the child in this matter. She knows family law well. She knows how to set this stuff up.
Here's the deal, Mr Gay. Again, I I I don't want to just shock the child, but here's the deal, Miss Hendrickx, I'm looking at uh starting as soon as possible electronic visits and the breakin visits where he has to come in and visit. But I want to get a recommendation from the atlam uh uh because my standard is usually again the first 35th weekends of the month where people live 100 more 100 miles away.
They're entitled to do one once a month to help facilitate them making that travel making travel arrangements. But uh but that uh but I'll leave that up to uh Mr Hendry, Mr Gay and the Atlant to figure out how they want to do the break-in visits and how often. I'm also looking at electronic visits and those are usually every Sunday at 6 PM and every Wednesday at 6 PM.
So, but again, I want to get the Edam feedback on this uh uh because ma'am uh uh here's the deal. Have you have you have you have you always told the child that your husband is is her real father and that uh and that does she have any knowledge of Mr Gaye? Um, it's never really been talked about.
I mean, I have another daughter by my husband and she calls him dad. So, that's she's just always assumed it was dad. We never corrected her because she didn't have her dad.
He never showed up. He never was there. >> Praise the m until the law says he's not dead.
He's dead. And uh that was not a good decision. I'm sorry because again u I'm looking at have uh do the breakin visits and get dad reacquainted with the child because he's got a story and you got a story and so far what I've heard they don't mesh.
Okay, you got one side, he's got another but the bottom line is he's still the biological father of the child. He still has all the parental rights and I'm going to have the Atlanta come up with some type of breakin visits that will be as least traumatic to the child as possible. Uh again, Mr Gay, I don't mean to put you off any longer, sir, but I think you've gone this far.
you can do 30 days to make sure your daughter's uh going to be uh uh be well I'm not going to say okay but it's going to be ready to start uh uh and understand what the circumstances are as far as starting visitation with you sir. Okay. >> Yes, sir.
It's taking this slow day by day. >> All right then. All right.
So, uh again, Miss Schwarz is the child's lawyer. She'll be contacting both of you. Uh is there information going to be available or do I need to have them call her?
Uh Mr Morgan? Um, judge, I don't think anybody uh No. Yeah, we didn't plead for non-disclosure, so we will be able to uh have that provided.
>> All right. So, someone named Elizabeth Schwarz contacts you. She's contacting you on behalf of the child.
She's the child's lawyer going forward. She's going to make recommendations. He's not your lawyer, Miss Hendris.
She's not Mr Gay's, but she's the child's lawyer. She's going to do what's in the child's best interest. And again, I'm looking at trying to make this as little as as least traumatic as possible.
And judge, um, I I heard a few different things about the step up. That's going to be decided by the attorney at lightam. >> That's going to be decided by me, but I'm going to take recommendations from the attorney at light what the step up is going to be.
I'm looking at going ahead and temporarily naming them temporary joint management service, giving mom the right to decide doicile. I'm until I get a final law in this matter. Ma'am, you don't plan on moving anytime soon, do you?
>> Um, no. But I do have one more thing to say about because you said at 6 she is just now being put on medicine. She's having really big medical stuff going on and they have her on a really strict like schedule.
I mean she goes to bed at 5:00. >> Okay. Well, we'll we'll work around her bedtime, but uh she's in school, right?
>> Yes. And they're putting her on medicine. I'll give the give the item information about the uh uh uh med medication.
All right. Tell Miss Wartson in the email you get sent her that she might she might need to do get a medical authorization form from uh Miss Hendris to talk to the child's doctor. I'm going to go ahead and order temporary child support and temporary cash medical.
I'm going reserve the issues of retro and and the visitation uh going forward, but for right now, ma'am, there's I'm not ordering anything until we come back. I've had this kind of stuff happen before and to spraying on a child that uh the person she thinks is dad is not dead and she has another father. Yeah, that's again, ma'am, I don't uh these are the circumstances.
Y'all both have your sides of the story, but going forward it is what it is. So again, she's only five, but she has a right to know. So >> yeah, I mean I have no problem telling her that.
I just want to know that he's going to be consistent with it. I I'm okay with that as long as I know that it's going to be consistent because she said she doesn't know him out. >> Okay.
Well, I'm gonna go ahead and uh again, let the Atlanta make recommendations. But here's the deal, ma'am. I can order him to pay child support.
I can order him to uh do cash medical. I can order to pay retro. I can order visitation.
And you order to turn the child over and be there for those visitations that's set up. But I can't order him to actually show up. Ma'am, that's not that's beyond my per beyond my perview under the Texas family code, but hopefully again he sounds like he want he he he did this voluntarily.
>> Yeah. Four years later. >> Okay.
Well, ma'am, it again, he's got his side of the story, and I haven't heard that yet. So, uh I'm going to uh and I'm going to hear that and if I need to hear in a special hearing, I will. But again, ma'am, I'm going for it.
Uh he's going to have those rights and uh uh if you're okay with that, that's fine. But again, uh uh I can't make him do it. I can only make him pay the child support.
I can only make you allow a visitation. So, it is what the the legislature says I supposed to do and that's what I have. >> In resolving the hearing, the judge does something careful and characteristic of a well-run family court rather than impose a visitation schedule cold.
He enters a temporary order and appoints an attorney adidum to investigate and recommend how the phased in contact should proceed. That appointment rests on section 107. 02, 021 of the family code which authorizes the court to appoint an attorney ad lightumm to represent the child's interests and the ad light item's charge is the child's best interest under section 153.
002 not either parents preference. The judge temporarily names the parents joint managing conservators. Grants the mother the exclusive right to designate the child's primary residence.
orders temporary guideline child support and cash medical support and significantly reserves both the retroactive support question and the specific terms of visitation for a later hearing after the ad lightum reports. Retroactive support is available under section 154. 131 which lets a court order support back to a period before the order where the obligor was not previously ordered to pay.
And the judge's decision to make today's order temporary preserves the ability to fold retroactive support into a final decree. The judge is also candid about the limits of his power. He can order the father to pay support and can order the mother to make the child available for court-ordered visits, but he cannot compel the father to actually appear and exercise that access.
A frank acknowledgement that the family code's enforcement reach runs to obligations, not to the exercise of rights. The broader lesson for our audience is one that recurs whenever a long absent biological parent returns. The law does not treat presence and affection as prerequisites to parental rights once paternity is legally established.
A signed acknowledgement of paternity is a powerful adjudication equivalent document. And a mother who has raised a child to believe another man is the father cannot by that upbringing alone extinguish the biological father's rights. Those rights end only through a legal termination and typically a steparent adoption that was never filed here.
Three practical points stand out. First, the requests that feel intuitive to a protective parent. No visitation or visitation only when I say so are legally unavailable because Texas requires enforcable specific possession terms and presumes contact with both parents serves the child.
Second, the burden to displace joint conservatorship is real and evidence-driven. Without a documented history of violence or serious impairment, apparent sense that the other is unfit for having walked away will not carry the day. Third, and most humane, the court's use of a stepup schedule and an attorney adidum reflects the law's genuine concern for the child caught in the middle, a nearly six-year-old who does not know her biological father and who has significant medical needs.
The judge's instinct is not to force an abrupt reunion, but to reintroduce the parent gradually on the child's terms, with a neutral advocate assessing what she can handle. The takeaway for a parent in the mother's position is that the productive path is not to fight the father's rights, which the law will protect, but to shape how those rights are exercised, insisting, as she does, on consistency and on protecting the child's routine and health.
