Found Deceased KS - Lucas Hernandez, 5, Wichita, 17 Feb 2018 #19 *Arrest*

[WildcatRunner]

Neither one contested-
This is a little unsettling-
I just would have thought they would have at least “tried” for their daughter.
MOO


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They'd have to pay their attorneys more to contest it, and it may have been made clear that at least at this point, they would have no chance of winning. Unfortunately, without a fair amount of money, people are limited in trying to do the extraordinary in our legal system.

Just thinking out loud...

 

[ESO]

Her current charge has nothing to do with Lucas being at home. It has to do with her driving under the influence with her other child in the car. The current case requires no explanation as to where Lucas was, as he isn't a party in the current charge.

Just thinking out loud...

I think being charged with child endangerment against Lucas is the least of her worries at this point. This is about the time where it’s probably hitting her she’s not getting away with this. We haven’t slowed down our searching, even if it means searching places again if we have to. Now her choices are affecting the people around her because they didn’t protect the children over her. I’d love to see the community come together to support Jaime and her family more, and I want EG to see that.

Beyond all this, I am hoping two things will change based on Lucas’s case: one would be any person unable to have unsupervised contact with their own child not be allowed to have unsupervised contact with anyone’s child....including in daycare settings, and that currently isn’t the case.
The other would be legal ramifications for parents like Jonathan, that they be faced with the same charges and consequences as the person who did the abuse.....not protecting a child in your custody should be met with the same consequences as hurting them. Until that changes, this will happen again and again. “It wasn’t me” shouldn’t be a legal excuse anymore.


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[PommyMommy]

I think being charged with child endangerment against Lucas is the least of her worries at this point. This is about the time where it’s probably hitting her she’s not getting away with this. We haven’t slowed down our searching, even if it means searching places again if we have to. Now her choices are affecting the people around her because they didn’t protect the children over her. I’d love to see the community come together to support Jaime and her family more, and I want EG to see that.

Beyond all this, I am hoping two things will change based on Lucas’s case: one would be any person unable to have unsupervised contact with their own child not be allowed to have unsupervised contact with anyone’s child....including in daycare settings, and that currently isn’t the case.
The other would be legal ramifications for parents like Jonathan, that they be faced with the same charges and consequences as the person who did the abuse.....not protecting a child in your custody should be met with the same consequences as hurting them. Until that changes, this will happen again and again. “It wasn’t me” shouldn’t be a legal excuse anymore.


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BBM for focus: I would like to see this too. And I know it's not going to happen, but I wish LE would state that Jamie was cleared early on in the investigation.

JMO

 

[WildcatRunner]

I think being charged with child endangerment against Lucas is the least of her worries at this point. This is about the time where it’s probably hitting her she’s not getting away with this. We haven’t slowed down our searching, even if it means searching places again if we have to. Now her choices are affecting the people around her because they didn’t protect the children over her. I’d love to see the community come together to support Jaime and her family more, and I want EG to see that.

Beyond all this, I am hoping two things will change based on Lucas’s case: one would be any person unable to have unsupervised contact with their own child not be allowed to have unsupervised contact with anyone’s child....including in daycare settings, and that currently isn’t the case.
The other would be legal ramifications for parents like Jonathan, that they be faced with the same charges and consequences as the person who did the abuse.....not protecting a child in your custody should be met with the same consequences as hurting them. Until that changes, this will happen again and again. “It wasn’t me” shouldn’t be a legal excuse anymore.


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I agree with you 100% on all of this. I don't think any of the endangerment charges are of any worry to her at this point. She's just waiting for the other shoe to drop.
My statement was just in reference to the previous person's question if the evidence of LH being left alone was trying to be thrown out. IMO, that's not even on the table, as the current charge isn't related to LH.

Just thinking out loud...

 

[WildcatRunner]

O/T.. Margarita....I deleted my signature, again...and it's still showing up! [emoji23][emoji23]

Just thinking out loud...

 

[ESO]

They'd have to pay their attorneys more to contest it, and it may have been made clear that at least at this point, they would have no chance of winning. Unfortunately, without a fair amount of money, people are limited in trying to do the extraordinary in our legal system.

Just thinking out loud...

Most family law attorney’s require a retainer anyway before they will even appear in court for you. I’m assuming they didn’t contest anything because of the nature of this hearing......a child can’t remain in protective custody for an indefinite amount of time. And since EG is still in jail and Jonathan is well......anyway, there is no basis to object with. He’s not saying he’s not supporting EG and therefore would keep his daughter safe from her mother. And that’s what bothers me. This would be the time for him to say on record that he believes EG is abusive and a threat to MH’s safety. I wonder if he realizes he has been accused of being abusive himself and Emily was one who has been on record as saying that.


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[newmember]

will what happened today in court possibly have any impact on her court date in may?

 

[ESO]

I agree with you 100% on all of this. I don't think any of the endangerment charges are of any worry to her at this point. She's just waiting for the other shoe to drop.
My statement was just in reference to the previous person's question if the evidence of LH being left alone was trying to be thrown out. IMO, that's not even on the table, as the current charge isn't related to LH.

Just thinking out loud...

I was actually agreeing with you, I hate that it doesn’t just continue on to the train of thought like it does on FB. I forget to add the other quote all the time 🤯


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[margarita25]

I will try my best to fill in the gaps here: Emily and Jonathan lost custody because the child was considered in police protective custody. That designation can’t continue indefinitely in the state of KS. That means that she is officially a ward of the state, but that does not mean they have lost their rights to her. That process can take years. The reason Jonathan is on record as the “alleged” father is because they were not married when the child was born and there has not been any custody hearings between the two of them. It’s not saying JH isn’t the father or his parentage is being questioned, it’s more of a legal term. Kind of like saying someone is “common law” married.

As far as what happens after the reporter is kicked out of the courtroom, that is typically when the parents will be given their “court orders” in order to get any visitation with their child and guidelines they have to follow in order to continue contact. They will also be given the reasons behind the child continuing to be out of the home and whatever issues are needing to be resolved. The GAL (if there is one) will also speak on behalf of the needs of the child and generally an update on how the child is doing in their placement will be given. It’s common for unmarried couples to each have a lawyer, but if two people are married they are allowed to have their own attorney’s as well. It’s usually an indication that the parents are no longer unified in trying to retain custody together or one parent has more of a responsibility to the child being out of the home than another.

This hearing was more of a formality. Since Emily is still in jail she really doesn’t have much she can really do here. It’s JH that is the big “loser” in this hearing. It’s pretty obvious he isn’t fighting the court to keep custody of his child and that to me is very disturbing. This is where I would hope the family in NM would seek custody of MH now. She had to be considered a ward of the court before that could happen as they are out of state.


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(Marking this to stare at and mentally process...all this is starting to get above my head...)

 

[ESO]

will what happened today in court possibly have any impact on her court date in may?

I think that is definitely a possibility. What’s nice tho is that even if EG gets out of jail on bond or even serves just a short jail sentence, that doesn’t automatically mean she gets custody of her daughter back. It’s pretty common for the criminal consequences to be completed in similar situations but the impact in family court takes much longer.


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[Mama3boys]

My thoughts are always on Jamie. There is a picture of Lucas holding a baby, with his mother looking on. You can just see the love in her eyes for him. Makes me tear up every time I see it. I pray for strength for her during this absolutely heartbreaking time, that she'll probably feel for a lifetime.

 

[Deleted member 221026]

http://www.kansas.com/news/local/crime/article209903884.html

Excerpts:

The stepmother and caregiver of a 5-year-old Wichita boy missing for more than two months lost custody of her 1-year-old daughter on Friday.
Sedgwick County juvenile court Judge Kevin Smith found that Emily Glass’ daughter is, under state law, a “child in need of care.” The designation puts the girl in the custody of the secretary for the Kansas Department for Children and Families. The agency will decide where the child will live. The girl had already been placed in police protective custody.

At a hearing Friday morning, neither Glass and nor Lucas' father, Jonathan Hernandez, contested a petition filed by a prosecutor laying out a factual basis for why the 1-year-old girl should be declared a child in need of care by the state.


During the hearing, Glass, wearing an orange jail shirt and pants, dabbed at tears with a tissue. She waived her right to a hearing on whether her daughter should be found a child in need of care. Hernandez, who is listed in the petition as the "alleged father" of the girl, appeared to look straight at the judge rather than at Glass. Glass and Hernandez, who have lived together in recent years, each had their own attorney; a lawyer sat between them. Both said "yes" when asked if they understood their rights. Neither spoke at length during the brief public portion of the hearing.
After Smith ruled that the 1-year-old girl is a child in need of care, he said the rest of the court proceedings with Glass and Hernandez present were closed to an Eagle reporter who was allowed to cover the child-in-need-of-care portion.

At a hearing Friday morning, neither Glass and nor Lucas' father, Jonathan Hernandez, contested a petition filed by a prosecutor laying out a factual basis for why the 1-year-old girl should be declared a child in need of care by the state.

Neither JH contested petition. I think this is a very sensitive long sentence. This statement is well thought out. It's telling that he is no longer standing beside her and he also is smart enough to know he can't possibly provides for her. Is he coming around? What could be worse now? He's basically lost both his children (alleged). He knows it's over between the two of them. Will he try to restore some self respect by telling the Detectives everything he knows? He would face charges in some manner. But if he never speaks, he'll be in his own prison living in society. Friend or foe of JH. Everyone eventually sets a line in the sand.

 

[Jewels53]

O/T.. Margarita....I deleted my signature, again...and it's still showing up! [emoji23][emoji23]

Just thinking out loud...

Did you save the change when you deleted it?

 

[ESO]

My thoughts are always on Jamie. There is a picture of Lucas holding a baby, with his mother looking on. You can just see the love in her eyes for him. Makes me tear up every time I see it. I pray for strength for her during this absolutely heartbreaking time, that she'll probably feel for a lifetime.

When I go on searches, I always pull up the same photo of Lucas and Jaime to look at first. She has always been my motivation for searching and there have been some days more than others where that is the only reason I kept going!


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[WildcatRunner]

I was actually agreeing with you, I hate that it doesn’t just continue on to the train of thought like it does on FB. I forget to add the other quote all the time 🤯


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No worries, I thought I was following your train of thought...was just clarifying for others.

Just thinking out loud...

 

[Deleted member 221026]

Sorry if it's been said before. Does anyone know if JH has an attorney for guidance in his children's cases?

 

[WildcatRunner]

Did you save the change when you deleted it?

I don't know... probably not. Haha I had to reset my password because I've only been using Tapatalk, and couldn't do it there, I'll go try again in a bit, and make sure I save it.

Just thinking out loud...

 

[WildcatRunner]

I don't know... probably not. Haha I had to reset my password because I've only been using Tapatalk, and couldn't do it there, I'll go try again in a bit, and make sure I save it.

Just thinking out loud...

I don't know what happened. When I sign in, it doesn't show I have a signature anymore now...but when I post, it's still there. Guess I'll just continue to do lots of loud thinking. Haha 🤷

Just thinking out loud...

 

[ESO]

Sorry if it's been said before. Does anyone know if JH has an attorney for guidance in his children's cases?

He apparently had one at the hearing so I’m assuming he does. Most local attorney’s in family law require retainers, I know mine required $5000 for my divorce. I have heard quotes as high as $10,000 for contested custody cases. They will allow payments to be made but I would hope that whatever money he has used to pay for his attorney was not donated money or money he was able to save because of donated money. If that makes sense.


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[n_6CC]

I’m divorced and I know my ex husband would be beating down doors to keep his kids in his home. Even if it meant quitting his job to do so.


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EXACTLY. Even if I wasn’t sure it was my child, I would fight tooth and nail.


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