Thread: 4-year-old's story remains unclear

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4-year-old's story remains unclear
December 07,2006
Jeremy Roebuck
Monitor Staff Writer

EDINBURG — Someone else has stepped forward to claim custody of Douglas Lemus Ramirez, the 4-year-old child found wandering along Expressway 83 more than a week ago.

A Salvadoran woman contacted the country’s consulate in Houston on Tuesday to report that she was the child’s mother, a consular spokesman said. But consular officials remained unavailable for comment late Wednesday.

This latest development casts further doubts on the claims of Máximo Lemus Andrade, a Florida man who appeared in court Monday seeking custody of the child

"We don’t know if his story is true or not," said Roberto Colegio, an attorney representing Douglas’ interests. "Call it a gut feeling, but we need to try to figure out where his parents are."

Andrade, a legal resident of Fort Lauderdale, Fla., told authorities that Douglas had crossed the Rio Grande last week with his two teenage sisters and a group of coyotes. Border Patrol agents found the girls last Wednesday with a group of seven other illegal immigrants near La Joya.

Andrade arrived in Hidalgo County over the weekend for a Monday custody hearing in Douglas’ case. He brought family photos and a faxed affidavit from a Salvadoran city secretary with him.

Andrade’s lawyer, Emilio Rodriguez, said the document stated that Andrade was Douglas’ father.

The man told Rodriguez that he had left El Salvador for Florida while Douglas was still an infant. He now lives in Fort Lauderdale, Fla., on a work visa, Rodriguez said.

But when Judge Ricardo Flores asked the child whether he recognized Andrade, Douglas told him that he did not. Flores ruled the documents were not sufficient to prove a biological link and ordered a paternity test.

Douglas’ inability to recognize Andrade did not necessarily concern Regina Garcia, a spokeswoman for the Texas Department of Family and Protective Services who attended the custody hearing.

"We don’t know when they last saw each other," she said Monday.

Andrade left Hidalgo County the day after the hearing without contacting his attorney. He did not take the court-ordered paternity test before leaving, Rodriguez said.

"I have not had any contact with him since the court hearing," Rodriguez said. "I don’t know if he plans to continue (the custody suit)."

Although he still considers himself working for Andrade, Rodriguez agrees that the court’s decision was prudent in protecting Douglas.

"Just playing the devil’s advocate for him, I told him that the (foreign) document probably wouldn’t be enough," Rodriguez said.

Colegio finds more reason to be concerned.

"For all we know this guy could have been a coyote," he said. "We don’t know if (his story) is true or if it’s not."

Andrade could still file a petition for custody even if he’s not the child’s biological father, Garcia said.

It was unclear Wednesday whether Andrade has made further attempts to gain custody of the two teenage girls whom he had previously claimed as his daughters. They are currently being held at the International Education Services facility in Los Fresnos, a Border Patrol spokesman said.

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Stray child to remain in foster care
December 05,2006
Jeremy Roebuck
The Monitor

Family’s legal status uncertain

EDINBURG — A 4-year-old found wandering near La Joya last week told a judge Monday he did not recognize the man claiming to be his father.

Judge Ricardo Flores asked the child, Douglas Lemus Ramirez, to identify Máximo Lemus Andrade at a custody hearing in Hidalgo County Child Protective Court.

The Hidalgo County Sheriff’s Office found the boy last Tuesday wandering near U.S. Expressway 83 between La Joya and Sullivan City. He told sheriff’s deputies he recently crossed a large body of water.

Later last week, Andrade and his wife contacted the sheriff’s office, claiming to be Ramirez’s parents. They told authorities the child and his two sisters had recently crossed the Rio Grande with a group of coyotes.

Border Patrol agents found the girls Wednesday along with seven other illegal immigrants near La Joya.

Andrade appeared in court Monday with family photos and an affidavit signed by a city secretary in Chirilagua, San Miguel, El Salvador, said attorney Emilio Rodriguez, who is representing him in the custody case. The document reported that Andrade was Ramirez’s father.

"But just playing the devil’s advocate for him, I told him that the judge would be hard-pressed to say (a foreign document) proved that you are the dad," Rodriguez said.

Flores ordered a paternity test and ruled that Ramirez will remain in state foster care until another court hearing in January.

Ramirez’s failure to recognize Andrade did not necessarily raise red flags for Texas Department of Family and Protective Services spokeswoman Regina Garcia.

"We don’t know when they last saw each other," she said.

Andrade told his attorney that he came to America with his mother while Ramirez was still an infant. Andrade has since been living in Fort Lauderdale, Fla., on a work permit. Rodriguez could not say exactly how long his client had lived in the United States.

Andrade’s wife did not appear in court Monday because of "residency issues," Rodriguez said.

If paternity can be established, local case workers will coordinate with Florida CPS to determine whether Ramirez should be released to Andrade and his wife, Garcia said.

"Aside from that, it’s just a matter of continuing to do what we’re doing," she said.

It was unclear Monday how future custody hearings might affect the possible deportation of Ramirez’s sisters or the residency status of his mother, Immigration and Customs Enforcement Spokeswoman Nina Pruneda said.

"As far as we’re concerned the custody issue and the family’s legal status are two separate things," she said.