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Kidnap Suspect Files For Custody Of Children

POSTED: Monday, August 11, 2008
UPDATED: 6:11 pm CDT August 11, 2008

A woman charged with kidnapping five children she cared for since Hurricane Katrina filed a petition on Monday to try and get custody of the siblings, KPRC Local 2 reported.

Rhonda Tavey, 44, was released on $50,000 bond on Friday with the conditions that she wear an electronic ankle monitor and that she have no contact with the children.

Tavey is accused of fleeing with the Alphonse children, ages 3 to 8, on July 11. She claimed their mother was abusing them. An Amber Alert was issued for the children on Wednesday and Tavey was arrested on Thursday. The children were found unharmed.

Tavey filed a petition on Monday asking to be appointed the children's sole conservator. She contended that she should get custody because the children have lived with her for most of the last year.

She claimed their parents have a history of drug abuse, and a pattern of physically abusing and neglecting them.

"What's motivating me is five little children who've been in my custody for three years. Who know my home is their home is my home. This is the best three years of these kids' lives," Tavey said.

"I don't know why she's filing or why she doing this to me. I don't know what she's going through right now or what's going through her mind, but she knows and everybody else knows what she doing is wrong," said Erica Alphonse, the children's' mother.

Alphonse denied that she or the children's father have ever abused them. The children were returned to her last week after a Child Protective Services investigation failed to find any evidence of abuse.

Tavey's attorney contended that CPS is still investigating.

'They also just talked to us until just now. They just talked to us today. And they're going to be here for 30 days, in the state of Texas," said Todd Ward, Tavey's attorney.

Tavey was charged with five counts of kidnapping. She could face up to 50 years in prison if she is convicted.

Alphonse's lawyer called Monday's move a smokescreen.

"They are taking every legal avenue they can to litigate any legal liability she may have as a result," said Shelley Ross III, the mother's attorney.

Tavey befriended the family after Alphonse and her children relocated to Houston from New Orleans following Hurricane Katrina in 2005.

Alphonse said she is still grateful for Tavey's help, but taking her children is wrong.

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