Chapter 11 - The Daughters’ Father
The parentage hearing was one of the strangest days of my life.
Travis appeared by video from county jail.
He looked smaller.
No dark T-shirt.
Jail clothes.
His lawyer argued:
Because donor sperm was used and Emma never consented, legal parentage should be revisited.
My attorney countered:
Travis affirmatively consented to assisted reproduction, signed treatment plans, held children out as his, and concealed donor status from Emma. He should not profit from his deception by abandoning obligations now.
Judge refused quick ruling.
Ordered briefing.
No DNA testing of girls yet absent showing necessary.
Then guardian ad litem appointed for children.
Molly asked why another lawyer.
“She helps court think about you and June.”
“Does she work for Dad?”
“No.”
“For you?”
“No.”
“Then who?”
“You.”
Molly liked.
Then Travis’s criminal lawyer had conflict? Parentage lawyer separate.
Good.
Then assisted reproduction statute.
Under Texas law, consent to assisted reproduction by spouse can establish parentage, but here mother’s lack of informed consent created unusual legal issue.
Could invalidate some assumptions, but Travis clearly intended to parent at conception.
The court eventually held temporary child support and existing legal parentage remained pending full adjudication; he could not simply walk away.
Then something changed.
Travis withdrew petition.
Why?
Not remorse.
Strategy.
His attorneys feared parentage litigation would create additional evidence of his donor deception in criminal case.
So legal father status remained.
Later criminal conviction would support termination/restriction separately.
Molly never knew he tried to disestablish.
I decided she could know when older if relevant.
Not now.
Then therapist Dr. Sloan asked Molly:
“What makes a dad?”
She said:
“Someone who doesn't say girls are trash.”
Children simplify.
Then:
“Can Dad stop being dad?”
Dr. Sloan:
“Adults and courts decide legal things. Your feelings are yours.”
Molly:
“I feel no.”
Valid.
June missed him sometimes.
That was harder.
She asked:
“Can I call Dad?”
No-contact order.
“No.”
“Why?”
“Because court says not safe.”
“I miss him.”
“I know.”
“Do you?”
Sometimes.
I said:
“Sometimes I miss who he was before he started hurting me.”
That did not make her responsible.
Then June cried.
We kept old photo album.
Did not erase.
Travis holding newborn June.
Smiling.
Was smile fake?
Maybe not.
People can love and later abuse.
That complexity protects children from thinking their entire memory false.
Then Marlene’s parentage beliefs.
Her own donor conception with Travis came into family court only if relevant? Mostly not.
But Travis now knew.
He wrote me letter through attorneys:
Did you know about my mother?
No.
Then:
She did to me what I did to you.
Not exactly.
Marlene had consented to donor conception with Walter. Travis as child was not entitled to be consulted before conception.
The deception was not telling adult Travis about genetic origin, a different ethical issue.
I refused his false equivalence.
No reply.
Then in jail therapy maybe he started understanding.
Later.
Then criminal indictment returned.
Travis charged with:
Aggravated assault causing serious bodily injury to pregnant spouse.
Unlawful restraint.
Continuous family violence? Texas has continuous violence against family for multiple assaults, but can use.
Tampering/witness coercion based on threats around records.
And manslaughter in Samuel’s death.
Marlene:
Aggravated assault as party.
Unlawful restraint.
Conspiracy/solicitation related to coercive conduct.
Forgery/tampering of psychiatric and medical documents.
Witness coercion.
No homicide? Prosecutors considered manslaughter as party because she participated in assault. Audio and evidence could support. They charged manslaughter too.
Then defense attacked:
Marlene’s tool strikes were back, not abdomen.
Travis caused final fall.
Causation.
Could jury separate? Later.
Dr. Pierce's medical opinion:
Cumulative trauma cannot be allocated precisely.
Prosecution could charge party liability if common assault scheme.
Then Marlene offered to testify against Travis.
Early.
She wanted homicide dropped.
Prosecutor did not accept yet.
Then her proffer revealed:
On final morning she told Travis to stop after I screamed.
Did audio capture?
Partial.
Marlene:
Travis, enough. Something's wrong.
Then Travis:
She's acting.
This could mitigate her homicide intent.
But she participated before.
Truth is messy.
Then she admitted donor fraud fully.
“I signed Emma’s initials on one clinic page.”
Ah.
Forensic evidence? One page’s initials matched Marlene maybe. She confessed.
But main signature generated at clinic.
Then:
“I told Hale she verbally agreed.”
Lie.
Then custody packet.
“I wanted girls if Emma left.”
Why?
“Because Travis worked.”
No.
Then:
“Because I didn’t trust Emma.”
Why?
“She made him question me.”
There.
Not mental health.
Authority.
Then prosecutor asked:
“Did you believe Emma unstable?”
Marlene paused.
“Not then.”
That destroyed packet defense.
She had manufactured.
Then:
“Why call her broken?”
Marlene cried unexpectedly.
“Because my son was.”
She meant infertility.
She shifted shame from him to me.
May you like
That was core.
I was punished for a secret that never belonged to my body.
