Michelle Chester has had temporary custody of her 6-year-old niece since November 2009. She stands to lose all rights to her late brother's daughter due to an ongoing and confusing custody battle.
The child's mother was arrested and charged with a third DWI back in October 2009. The police report said the now 6-year-old child was in the car.
The mother is on probation and has visitation rights, but wants her child back at home with her. Attorney Jason Cruz said the child's mother is doing much better and ready to have her child returned for good.
"As you all are aware, this is a country of second chances. Everybody deserves a second chance," Cruz said. "She's on probation here in Bexar County and Comal County. She's compliant with all of her services. She has done everything and then some that you can possibly do to get your child."
Part of the case is on appeal, but due to an error by the court, a judge could reverse her decision and order the child be returned to her mother.
