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Throughout the 27 years that I practiced law and served as a
judge, I handled cases involving children. I observed, in
working with those cases, that most parents, teachers,
health care professionals and others involved with children
have little knowledge of the law concerning youngsters or
their relationships with them. I decided to write a book for
non-lawyers, covering 38 areas in which the law affects
children. It includes, among other topics, adoptions,
custody, health care, divorce, termination of parental
rights, education, work, wills, criminal offenses and
personal injury. I hope “Children and the Law in Texas, what
Parents Should Know,” will be helpful.
I wrote the entire manuscript, which I eventually cut to
about 100,000 words, by hand. Dick, bless his generous soul,
typed it. And as I made changes, he typed it again. And
again. Many times. When it was finally finished, he
suggested that, if I planned to write more books, I should
learn to type. I did, and I did. You can find it online at Amazon.com
My
second book, “Fun in Europe, A Travel Guide For Grownups!”
was a pure pleasure to write. It gave me the opportunity, as
I wrote about them, to
re-visit in memory many of my favorite places. As of now, Dick and I have made around thirty
trips to Europe, and we always want to go back for more.
Each time I return to Paris, I reclaim some brief, separate
life, slipping easily into familiar surroundings, rushing to
reaffirm memories. Monet and Rodin? Still there. Rene
Viviani Square, with its bubbling fountain and birds
singing? Unchanged. And lovers still stroll the Seine, hand
in hand. Each time I must leave, it is like a little death.
I light a candle at Notre Dame and breathe a prayer.
Why Europe? Because it’s such fun. You can see more
world-class plays in a week in London than in a year at
home. You can dance at a wedding in a Greek village and
savor the world’s best ice cream in Rome. You can go for a
sleigh ride in a Swiss village at Christmas.
Why Europe? Because its beauty takes your breath away. Gaze
in silent wonder at the majesty of the Alps. Watch the
Venetian lagoon turn golden at sunset as you glide in a
gondola. Drink in the endless kaleidoscope of aqua, green
and purple from high above the sea on the Isle of Capri.
From a boat on the Seine, marvel at the magnificent
spectacle of Paris, “The City of Light,” as it blazes alive
at night.
Why Europe? Because, in many instances, our roots are there.
Our history is interwoven with theirs. Many of our ancestors
called it home. Our language, customs and government
originated there, and our philosophy grew from its heart.
Understanding Europe helps us to understand ourselves.
Europe has given me cherished memories. I’ll always remember
the day Dick and I raced our donkeys up a hill in Lindos,
laughing all the way. And how my breath caught in my throat
with my first glimpse of the Matterhorn. And how I fell
silent, in awe as I first climbed the path to the Acropolis
of Athens.
Europe has given me friendships with people from other
countries, who brought me insights that have enriched my
life. Watching and listening as those from other cultures go
about their daily lives, hearing their myths, learning what
they hold sacred, and seeing their children play have helped
me to understand my own people and myself.
Europe has given me a dream. Always the dream is to return
once more, to hug the friends I’ve made over the years, to
walk familiar streets, to drink in the beauty of places my
heart knows well and to explore still further, discovering
even more reasons to visit Europe again. For when I do, it’s
as if I have come home.
These are the experiences and feelings I share in “Fun in
Europe.” I hope you’ll accept my invitation to read the book
and enjoy. There is no charge.
Just click
here.
WHILE I CARE ENOUGH TO CRY
A CHILD NAMED ANNA
My third book, WHILE I CARE ENOUGH TO CRY, started with
Anna. Five-year-old Anna failed to pick up her toys one day
as she was playing in the garage, and her stepmother, Diane,
stumbled over a doll. She slapped Anna. When the little girl
screamed and tried to run away, Diane picked her up and
slammed her head into the concrete floor.
Children’s Protective Service filed a law suit to remove
Anna from her father’s home and take permanent custody of
her. The judge gave the agency temporary custody and
appointed me Anna’s guardian for the duration of the case.
When the little girl was able to leave the hospital, the
agency placed her in a foster home, and the caseworker went
with me to see her there.
At first, Anna clutched her foster mother’s skirt and hid
behind her. A beautiful child with black hair and soft brown
eyes, she risked a few careful peeks at me.
I knelt and spoke to her quietly, “Hello, Anna. I heard that
somebody hurt you, and I’m so sorry. I want to help you, if
you’ll let me. That’s what I do. I’m a lawyer. I want to
make sure that nothing bad happens to you ever again. Do you
think we could be friends?”
I opened my arms, and after a few moments, Anna inched
toward me, dragging one leg. She reached out with one arm to
return my hug. The other arm hung at her side. The doctors
said the damage from her injuries would be permanent. With
my arms around her, I swore to myself I’d find a way to make
her smile again.
Everyone agreed upon the facts. Anna’s mother, a cocaine
addict, gave up custody of her daughter when she and Anna's
father divorced. Afterward, she disappeared from Anna’s
life.
Her father remarried, and her new stepmother, Diane, made it
plain from the start that she considered Anna a nuisance and
a strain on their marriage. Before he went to work on the
day she hurt Anna, Diane argued with her husband about
having to watch his daughter.
After she smashed Anna’s head against the concrete, the
little girl didn’t move or speak, and Diane was frightened.
She called Anna’s father, who phoned 911.
Diane quickly pleaded guilty to injury to a child, and under
the terms of a plea bargain, received only five years
probation. It seemed little more than a warning ticket.
Anna’s father came to my office to talk. He was a tall,
good-looking man, who greeted me with a firm handshake and a
warm smile. It disappeared when I asked why he was still
living with the woman who brutalized his daughter. He
mumbled that his wife was sorry for what she'd done.
I asked, “If Anna comes back to live with you and your wife,
how will you protect her?”
He frowned and said, “Diane won't do anything to Anna again.
She’s young herself, after all, and anyone can make a
mistake.”
I asked if he and his wife had sought counseling.
“We don’t need any counseling,” he said, folding his arms
across his chest, “And I wish everyone could just see this
for once from my wife’s point of view. It’s tough being a
stepmother, and she’s doing her best to adjust. She learned
from this, and she’ll be fine with Anna now.”
I said, “Aren’t you at all concerned about Anna being alone
with your wife while you're at work?”
He said, “I don’t need this,” and stalked out of my office.
Children’s Protective Service refused his request that they
dismiss their case and return Anna to him. As Anna’s
guardian, my role was to look at the circumstances
surrounding her, decide what would be in her best interest,
and ask the jury to make that decision.
Anna’s mother resurfaced and also asked for custody of her
little girl. Her voice trembled as we talked. She said she’d
never been able to stand up to Anna’s father. He’d always
told her what to do. She had no job, she lived with friends,
and when I asked whether she was still using drugs, she
murmured, “No,” but she didn't look at me.
Children’s Protective Service wanted permanent custody, but
the chances were slim at that time that the agency could
provide many options for a child with Anna’s special needs.
She would probably live in a foster home, or more likely
several foster homes, until she was eighteen. I looked for
relatives who might be willing to take Anna. I found none.
Anna’s father strode into court, presenting a stable,
confident picture. As soon as the jurors were seated, he
flashed his winning smile at them. A couple of them smiled
back. Anna’s mother slumped at the counsel table and seldom
looked up.
As I rose to address the jury in my opening statement, I
thought about the trust in Anna’s eyes when she looked at me
and realized that moments like this were the reason I became
a lawyer.
For as long as I could remember, I dreamed of being an
attorney. My childhood idol was my maternal grandfather,
Solomon Jackson Caudle, a trial lawyer. He died when I was
three. But I grew up with Mom’s tales of courtroom miracles
he performed for the underdogs and the wrongfully accused.
In my mind, Superman had nothing on my grandfather, and I
wanted to be just like him. Though never so naïve or
arrogant that I believed I could save the world, I was
determined to make life better for my young clients, one
child at a time. I was grateful for the chance to fight for
Anna. I could find no happy answer for her, but at least,
maybe I could help to keep her safe.
The doctor testified in graphic detail about the injuries
Anna suffered when her head was slammed into the concrete.
He told the jury the prognosis was grim for her to regain
use of her leg and arm, and he described the physical pain
the child had endured.
The psychologist who had begun working with Anna described a
different kind of pain. He said, “This little girl is
ashamed for people to see her, because she can’t move the
way she did before. She says she’s ugly now.” The
psychologist went on to say, “Anna believes that she’s been
bad and deserves what her stepmother did to her.”
Anna’s foster mother took the stand and said, “Anna
sometimes cries at night for her mama. She’s a miserable,
scared little thing, but sweet as she can be. I try, but she
needs more help than I can give her.”
Tears welled in the eyes of several jurors, as they stared
at Anna’s face in the picture the foster mother showed them.
The caseworker told the jury, “When Anna’s mother came to
visit her, I’m not sure Anna even recognized her. She
wouldn’t go to her.”
I asked the caseworker, “What about her father? Did she want
to be with him?”
The caseworker shook her head and said, “When I asked Anna
if she wanted to see her daddy, she began to cry. She tried
to crawl under a table in my office.”
Anna’s father testified. “Everything’s fine now, and I’ll
take good care of Anna if you send her back to me. She’s my
child. She belongs at home with me.”
I said, “When we spoke at my office, you told me you
wouldn’t go to counseling. Have you changed your mind?”
He said, “I don’t need it. There’s nothing wrong with me.”
I asked, “Will your wife go to counseling?”
He said, “You’ll have to ask her.”
That proved difficult, since she was nowhere to be seen
during the trial. All attempts to subpoena her had failed.
I asked, “What would you do if Anna couldn’t live with you
again as long as you live with your wife?”
He said, “I love Diane, and I won’t abandon her. She isn’t
going to do anything to Anna again. Everything will be
okay.”
Anna’s mother wept often during the trial. When she took the
stand to ask for custody of her daughter, I asked how she
would take care of Anna.
She said, “I’ll get a job, find a place to live. I’ll work
something out.” Even she didn’t look as if she believed it.
I asked what plan she had for childcare while she was
working. She had none.
I asked how long it had been since she visited Anna, and she
told me a year.
I asked how long it had been since she used drugs, and she
couldn’t remember, but said it had been, “a long time ago.”
In my closing argument, I told the jury I thought Anna’s
mother had no way to take care of her. How could she give
Anna a home? How could she provide food and clothing and
medical care, even if they believed she was no longer using
cocaine?
Looking into the eyes of one after another of the jurors, I
said if they returned Anna to her father and the monster he
married, I hoped they’d never be able to sleep at night.
She had no relatives to take her, and I asked the jury to
place Anna in the permanent custody of Children’s Protective
Service. I couldn’t find a better alternative.
When the jury retired to deliberate, I wondered what they
would decide. Most of us firmly believe that children should
be with their parents. Foster homes are hardly a perfect
answer. Research indicates that children do better in their
own homes, but only if they are safe there and have loving
parents. Parents have the right to custody of their own
children, unless they fail to meet the standards for their
care that society requires. Would the facts in this case
convince the jury to take Anna away from both of her
parents?
Anna’s father was a police officer. While most officers I
have known are brave and dedicated professionals, who risk
their lives daily because they want to serve others, they
are human beings. Not all of them are loving, protective
parents. Jurors find it hard to believe an officer would
ever lie or place another, especially a child, in danger.
Would they believe him when he said Anna would be safe with
him and his wife? I thought he probably believed that was
true, but such deliberate blindness to reality created a
situation where abuse was likely to occur again.
Many of the jurors had probably never before seen blatant
child abuse. If you aren’t familiar with such cases, it’s
hard to accept what the evidence shows. It’s difficult to
believe that those who deliberately hurt children, or look
away while others do, often seem like ordinary people. They
may even appear likeable.
The truth is that their children aren’t a top priority for
some parents. The horrific reality is not all parents want
their children. Not all parents love their children. And
some parents harm, even kill, their own children.
I once assumed all moms and dads were as nurturing as my
own, whose love shone on me like sunshine. Their example
remains my moral compass. They gave me memories of eating
homemade ice cream on Sundays after church, playing Old Maid
around the kitchen table and making presents for one another
at Christmas. We barely had enough money to get by, but I
could always count on Mom and Dad for encouragement, comfort
and unconditional love. I was one of the lucky ones. The
wrenching contrast between Anna’s childhood and what I knew
childhood could be heightened my awareness of her tragedy.
After only an hour’s deliberation, Anna’s jury filed back
into the courtroom. Some of the jurors glared at Anna’s
father, and several had puffy, red eyes. The terrible
injuries to this little girl had affected them in the same
profound way they’d touched me. They gave custody of Anna to
Children’s Protective Service.
I went home that night and cried. I cried because Anna’s
mother chose drugs over her child, because Anna’s father
didn't love her enough to protect her, and because Anna, who
had suffered such pain, deserved so much better.
I cried, because I could produce no happy ending for Anna.
She was left with an uncertain future and the prospect of
foster homes until she was eighteen. I had no answer that
would remove the broken, hurt look from Anna’s face.
Between sobs, I said to my husband, “I have to do something.
If people only understood the reality of how often and in
how many ways adults hurt children, surely that would be one
step toward stopping it!”
“Then tell them,” he said, “Write a book. Do it, while you
care enough to cry.”
I still do, and this is the book I wrote.
To read it, click here.
THE MOSTLY TRUE TALE OF TRICKLING FALLS, TEXAS
For 27 years, my husband and I had a cabin on a small lake
in the Piney Woods of East Texas. We loved the cabin, the
area, and, most of all the people of East Texas. My fourth
book, THE MOSTLY TRUE TALE OF TRICKLING FALLS, TEXAS. grew
from the warm, happy days we spent at our cabin.
Just because you can't find Trickling Falls, Texas on a map.
don't be fooled into thinking the town doesn't exist, or
that there are no real Fallsers, or that they didn't do the
things, most of them anyhow, that I wrote about in this book
Step into the world of Trickling Falls and meet the Fallsers,
which you can do
by clicking here
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