Custody battle: Household of murdered lady preventing for youngster being cared for by suspect’s household

HOUSTON,Texas (KTRK) — A family grieving the murder of their beloved sister has learned that her baby is in the care of the accused murderer’s family.

Vicktoria Robles was killed in her apartment near the Texas Medical Center on May 9.

According to authorities, Robles’ boyfriend, James Ochoa took her then 1-month-old daughter to Austin and allegedly gave the baby girl to his parents before turning himself in to the police. Ochoa has been charged with Robles’ murder.

RELATED:Family of mother allegedly killed by boyfriend wants custody of her only child

“I don’t know those people,” Eric Andrade, Robles’ brother, said, distressed. “What I know about them is their son murdered my sister, and they took our baby, and it looks like they planned this all along.”

Andrade and his wife, Robin Plummer, were shocked that Child Protective Services did not get involved in a situation like theirs.

“The only thing she ever wanted was to have a family. How is this justice?” Plummer said.

In a statement, CPS confirmed it is not involved in the case.

“Child Protective Services never had custody of the infant, nor did CPS initially place the baby with the paternal grandparents. Any custody issues will need to be handled privately between the two families.”

Attorney Mike Schneider, who was hired by Andrade and Plummer, says that this is relatively common.

CPS does not get involved in cases unless the baby is in physical danger. As of now, the baby appears to be healthy, meaning CPS does not have to step in.

“I’m filing an emergency petition,” said Schneider, mentioning many families are surprised that they have to hire private attorneys after their relatives become crime victims. “In a case like this. We’re not asking to wait two or three weeks. We are going to ask for immediate custody.”

“They want to raise the child for the rest of the child’s life. They want to raise this child to adulthood. They love this child”, Schnieder said.

Andrade said his whole family welcomed Ochoa into the fold when his sister began dating him. They never imagined that this would happen.

“He infiltrated my family and took away one of the greatest cogs in the wheel that is my family. Now because she is gone, my mother is suffering greatly,” Andrade said.

As the family seeks justice for Robles, they have set up a GoFundMe to help pay for their legal battle.

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