AZ - Gabriel Johnson, 8 months, 26 Dec 2009 - last seen in Texas - #6

Bratlings said:

Even if all of this applied to Logan, it is not a 1 day deal and its done. I think the FBI are smart enough to be aware of any pending cases like this in the TX court system.

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I totally agree.

BeanE said:

22 1/2 hours

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Thanks ... google maps says ~ 15 hours from Temp to San Antonio unless she took a longer route?


Driving directions to Tempe, AZ

I-10 W
978 mi – about 15 hours 9 mins

US-285 N and I-10 W
1,154 mi 21 hours 41 mins

I-10 W, US-285 N and I-40 W
1,202 mi 21 hours 42 mins

BeanE said:

BBM

I can only find one post in which you gave general links. My response is here:

Websleuths Crime Sleuthing Community - View Single Post - AZ-Gabriel Johnson, 8 months, missing since 12-26-09 thread #5

If you provided a link to the specific information you've been stating, may I please have a link to that post?

Other posters have provided reliable links to specific information that conflicts with what you've stated.

Thank you.

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Can you be more specific in what you are asking?
I already said I was wrong about the custody ruling in AZ.

Are you questioning me about the rights of birthdads in the state of TX?

Ladybass0711 said:

wow!!

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In this article, it said that the baby was actually seen on Dec 26 - and according to the Sgt, that sighting was AFTER the infamous text from EJ that she killed Gabriel.
I thought that text was sent on Dec 27th - according to Tammi (she said that that was the day EJ would not talk to her on the phone "verbal" - her words, only text)
So was that killing text after the last sighting of Gabriel or before?:waitasec:

Dear Prudence said:

Yikes! No, it's only about 15 - 16 hours. Straight shot from Phoenix to San Antonio on I-10.

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Oh Lord. I'm so sorry. I pulled up the wrong darn map. I'm half asleep.

We've adopted 8 children here in Texas (1 in another state) If I remember correctly it is mandatory that the child live in the home of the adoptive parents for a minimum of 6 months before the adoption affidavit can be filed with the courts. Once the affidavit is filed it's takes a few more weeks to get a court date. So Gabriel's adoption probably will not be filed until May or June if he was indeed placed for adoption in Texas.

Bratlings said:

Even if all of this applied to Logan, it is not a 1 day deal and its done. I think the FBI are smart enough to be aware of any pending cases like this in the TX court system.

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State Statutes Results

Texas
Adoption
Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.

Legal definition of "father"
Family Code §§ 160.102; 160.204

''Adjudicated father'' means a man who has been adjudicated by a court to be the father of a child.
''Presumed father'' means a man who, by operation of law under § 160.204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.

A man is presumed to be the father of a child if:

He is married to the mother of the child and the child is born during the marriage.
He is married to the child's mother and the child is born before the 301st day after the date the marriage is terminated.
He married the child's mother before the birth of the child even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated.
He married the child's mother after the birth of the child, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
The assertion is in a record filed with the Bureau of Vital Statistics.
He is voluntarily named as the child's father on the child's birth certificate.
He promised in a record to support the child as his own.
During the first 2 years of the child's life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.


Putative father registry
Family Code §§ 160.401; 160.402

A registry of paternity is established in the Bureau of Vital Statistics.
A man who desires to be notified of a proceeding for the adoption of or the termination of parental rights regarding a child that he may have fathered may register with the registry of paternity:

Before the birth of the child
Not later than the 31st day after the date of the birth of the child


Alternate means to establish paternity
Family Code §§ 160.301; 160.302; 160.402; 160.601

The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgment of paternity with the intent to establish the man's paternity. An acknowledgment of paternity must:
Be in a record
Be signed, or otherwise authenticated by the mother and the man seeking to establish paternity
State that the child whose paternity is being acknowledged:
Does not have a presumed father or has a presumed father whose full name is stated
Does not have another acknowledged or adjudicated father
State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing
State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of the paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after 4 years
A man is entitled to notice of a proceeding regardless of whether he registers with the registry of paternity if:

A father-child relationship between the man and the child has been established under this chapter or another law.
The man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.
The parentage of a child may be adjudicated in a civil proceeding.

Required Information
Family Code §§ 160.411; 160.402

The Bureau of Vital Statistics shall adopt a form for registering with the registry. The form must require the signature of the registrant. The form must state that:

The form is signed under penalty of perjury.
A timely registration entitles the registrant to notice of a proceeding for adoption of the child or for termination of the registrant's parental rights.
A timely registration does not commence a proceeding to establish paternity.
The information disclosed on the form may be used against the registrant to establish paternity.
Services to assist in establishing paternity are available to the registrant through the support enforcement agency.
The registrant should also register in another State if the conception or birth of the child occurred in the other State.
Information on registries in other States is available from the bureau.
Procedures exist to rescind the registration of a claim of paternity.
A registrant shall promptly notify the registry of any change in the information provided by the registrant. The Bureau of Vital Statistics shall incorporate all new information received into its records but is not required to affirmatively seek to obtain current information for incorporation in the registry

time said:

Thanks ... google maps says ~ 15 hours from Temp to San Antonio unless she took a longer route?


Driving directions to Tempe, AZ

I-10 W
978 mi – about 15 hours 9 mins

US-285 N and I-10 W
1,154 mi 21 hours 41 mins

I-10 W, US-285 N and I-40 W
1,202 mi 21 hours 42 mins

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I'm so sorry. I pulled up the wrong map from my saved maps. Half asleep here & shouldn't be posting.

What all this means is she could "not name the father" if she wanted. At the time of when she could have placed Gabriel with an agency or adoption professional in SA, she could have lied and they would not know any difference and that would make it legal in the eyes of the agency or adoption professional.

mum said:

Can you be more specific in what you are asking?
I already said I was wrong about the custody ruling in AZ.

Are you questioning me about the rights of birthdads in the state of TX?

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BBM - yes please

Salem said:

BBM

Baznme - I'm confused. The clothes ripping, etc was in AZ back in Oct. Are you saying that it happened again? That the stuff found in EJ's room in San Antonio was ripped to shreds?

TIA,

Salem

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Salem, you are correct. I went back and checked and saw this. It was September of last year that it happened.

"Johnson was arrested on suspicion of criminal damage last year after an incident in September where McQueary claims Johnson tore a part of a baby crib, took a knife and cut up baby clothes, and cause over $4,000 worth of damage."

Verbage above was part of the report before they found the car.

mum said:

What all this means is she could "not name the father" if she wanted. At the time of when she could have placed Gabriel with an agency or adoption professional in SA, she could have lied and they would not know any difference.

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And an adoption professional in Tennessee would know this and would be able to instruct someone (EJ) not to identify the father.

BeanE said:

I'm so sorry. I pulled up the wrong map from my saved maps. Half asleep here & shouldn't be posting.

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I think this case is getting to alot of us, and alot are going without sleep. Don't feel to bad!

momtective said:

We've adopted 8 children here in Texas (1 in another state) If I remember correctly it is mandatory that the child live in the home of the adoptive parents for a minimum of 6 months before the adoption affidavit can be filed with the courts. Once the affidavit is filed it's takes a few more weeks to get a court date. So Gabriel's adoption probably will not be filed until May or June if he was indeed placed for adoption in Texas.

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I will take your word for it that that is true, however that is not the first time the child enters the court system. Even temp custody or guardianship has to be approved in court.

BeanE said:

I'm so sorry. I pulled up the wrong map from my saved maps. Half asleep here & shouldn't be posting.

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It's ok! I didn't really even know till I checked the map or I forgot! I was just trying to figure out where all her time was spent and where she could have actually gone during all that time. I driven halfway or more across the country in a more leisurely manner than some (it's all relative) and it only took me 4 days or so, staying in a hotel every night. She would have been driving 3-4 hrs a day (or a more conservative estimate of 4-5, if it took her 3-4 days to get to San Antonio (18th -22nd). I'm more interested in the number of hotels she stayed in or if she stopped for quite a while somewhere else.

I'm getting confused also. The Smith's live in Tempe AZ, correct?

EJ lived in Tempe, AZ, correct?

Did EJ go to San Antonio upon the advice of the Smith's (since it's alleged they gave her the GPS) or just on the run?

mum said:

What all this means is she could "not name the father" if she wanted. At the time of when she could have placed Gabriel with an agency or adoption professional in SA, she could have lied and they would not know any difference and that would make it legal in the eyes of the agency or adoption professional.

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It could be that's what she was trying to do but Logan filed for paternity and custody in early Dec. and won. Her plans were ruined, she was pissed at Logan for ruining her life, and made her plans to run away and get rid of Gabriel. Now the question still is where is Gabriel?

momtective said:

And an adoption professional in Tennessee would know this and would be able to instruct someone (EJ) not to identify the father.

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Yes!! A million times over yes,,,,,,,,,,,,LOL.
Agency's and adoption professional do not just work in their own states. Adoption crosses state lines always. There are agencys who office is in one state only but they do adoptions with expectant moms or potential adoptive parents in 20 other states.

Which ever state the baby is born in or placed in is the state in which the laws are followed. Each state has different laws. In AZ she wouldn't have neccessarily have to name birthdad, but it had already been established as the smiths found out, so she COULD HAVE moved onto a state where she did not have to name birthdad and where birth fathers rights are almost non existent.
The birth father Registry in TX says it all.
Not all states have birth father registry's but more and more of them are legislating for them.

SusanB said:

In this article, it said that the baby was actually seen on Dec 26 - and according to the Sgt, that sighting was AFTER the infamous text from EJ that she killed Gabriel.
I thought that text was sent on Dec 27th - according to Tammi (she said that that was the day EJ would not talk to her on the phone "verbal" - her words, only text)
So was that killing text after the last sighting of Gabriel or before?:waitasec:

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I think that is good news if it is fact! Maybe that is why LE are so convinced Gabriel is alive.

Baznme said:

I'm getting confused also. The Smith's live in Tempe AZ, correct?

EJ lived in Tempe, AZ, correct?

Did EJ go to San Antonio upon the advice of the Smith's (since it's alleged they gave her the GPS) or just on the run?

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See, that is the question. What brought EJ to San Antonio? Was it the Smiths or did she find prospective adoptive parents on her own. I mean, does it seem feasable that a young woman with a baby on board sets off aimlessly and arrives in San Antonio randomly?