Boy abandoned by custodial dad to remain in foster care (Nolan County, Texas)

So it appears that custodial dad CARLOS RICO not only "allegedly" choked and abandoned his 4-year-old son along a Texas highway--he also did so as an illegal alien. OK, would somebody like to explain to us how this father stripped the mother of custody? What judge or other officials approved this?

http://lubbockonline.com/local-news/2011-07-07/boy-abandoned-interstate-remains-foster-care

Boy abandoned on interstate remains in foster care

A little boy abandoned on Interstate 20 last week will remain in foster care for now.

Posted: July 7, 2011 - 2:04pm | Updated: July 8, 2011

By Robin Pyle
AVALANCHE-JOURNAL

A little boy abandoned on Interstate 20 last week will remain in foster care for now, a Nolan County Judge decided Thursday during a custody hearing.

Marleigh Meisner, spokeswoman for Children’s Protective Services, said 4-year-old Angel Flores will remain in the same foster home where he was placed last week after he was found on the side of the interstate near Sweetwater.

Angel was covered in at least 500 cactus spines and showed signs he had been choked.

Police said they believe his father, Carlos Rico, abandoned him there. Rico has been charged with attempted capital murder in the case. He remained behind bars Thursday at the Nolan County Jail.

Meisner said Angel’s biological mother and uncle have expressed interest in taking custody of him.

State officials plan to conduct home studies on the relatives.

Meisner said once the home studies are complete, they will present an official recommendation regarding Angel’s placement to the judge during another court hearing, scheduled to occur in 45 days.

Meisner said Angel was doing well at his new foster home.

“He’s been doing remarkably well considering his circumstances,” she said, though not elaborating.

Sweetwater Police Officer Robert Clark told The Avalanche-Journal last week the child showed marked improvements while he was still in the hospital.

“He’s in great shape,” Clark said June 30, adding the child was laughing and playing with deputies and hospital staff not long after being hospitalized.

Rico’s bail has been set at $500,000 for the attempted murder charge. However, jail officials said he couldn’t bond out of jail because he was on an immigration hold.

Rico is a Mexican citizen who is in the U.S. illegally, according to jail records.

Rico’s attorney, Mike Brown, didn’t immediately return a phone call for comment Thursday afternoon.