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Custody battle: Murdered woman’s family fights to have child cared for by suspect’s family

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

Vicktoria Robles was killed May 9 at her home near Texas Medical Center.

Authorities say Robles’ boyfriend James Ochoa brought their then-month-old daughter to Austin and allegedly gave the baby girl to her parents before turning himself in to police. Ochoa was charged with Robles’ murder.

RELATED: Family of mother who was allegedly killed by boyfriend want custody of their only child

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

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

“The only thing she ever wanted was a family. What’s that justice like?” said Plummer.

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

“Child Protection Services never had custody of the child, nor did CPS initially place the baby with the paternal grandparents. Any custody issues must be dealt with privately between the two families.”

Attorney Mike Schneider, hired by Andrade and Plummer, says it’s a fairly common occurrence.

CPS does not interfere in cases unless the baby is in physical danger. So far the baby appears to be healthy, meaning CPS does not need to intervene.

“I’m filing an emergency application,” Schneider said, noting that many families are surprised they have to hire private attorneys after their relatives are victims of a crime. “In a case like this. We do not ask to wait two or three weeks. We will request immediate custody.”

“They want to educate the child for the rest of the child’s life. You want to raise this child to be an adult. They love this kid,” Schnieder said.

Andrade said his entire family welcomed Ochoa into the herd when his sister started dating him. You never thought this would happen.

“He infiltrated my family and took away one of the biggest cogs in the wheel, which is my family. Now that she’s gone, my mother is suffering a lot,” Andrade said.

As the family seeks justice for Robles, they set up GoFundMe to help fund their lawsuit.

For updates, follow Miya Shay on Facebook, Twitter and Instagram.

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https://abc13.com/houston-crime-woman-murdered-vicktoria-robles-killed-near-texas-medical-center/12007231/ Custody battle: Murdered woman’s family fights to have child cared for by suspect’s family

Dais Johnston

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