Found Deceased KS - Lucas Hernandez, 5, Wichita, 17 Feb 2018 #3 *Arrest*

[cvaldez1975]

it prob depends on the state. either way if said abuser is still in the home I doubt custody would be returned with abuser there.

Unfortunately, it could be a major issue actually, should there be at some point a hearing to determine if dad will regain custody of either child. There is consideration given to whether the abuser was a "caregiver" vs a step-parent and whether that person will be remaining in the home or have access to the child(ren).

 

[MsFacetious]

Unfortunately, it could be a major issue actually, should there be at some point a hearing to determine if dad will regain custody of either child. There is consideration given to whether the abuser was a "caregiver" vs a step-parent and whether that person will be remaining in the home or have access to the child(ren).

It's similar to "unsupervised." The system deems residing in the same home as "unsupervised" even if the person is never alone with the child. So it could come into play, yes.

Ok, I understand what you are saying now. But I'm not so sure she would have no custody rights over Lucas. Kansas recognizes common law marriages. EG and JH have been together for years and have a baby together. According to a quick google search EG could petition for custody of Lucas as a common law spouse:

"In Kansas, courts typically award parents joint legal custody. This means both parents share the right to make important decisions concerning their child's welfare, such as those related to religion, education and health care. Legal custody may be awarded during divorce regardless of whether the parents are common law spouses or "regular" spouses. The court may also award residential custody, with whom a child resides, to both parents; however, it is much more common for Kansas courts to award residential custody to one parent while granting visitation rights to the other. Common law spouses, like other spouses, are free to come up with their own parenting agreement. If they are unable to do so, the court will step in and make the decision for them."
http://info.legalzoom.com/common-law-divorce-kansas-custody-rules-25764.html

BBM. So it may not have been as easy for JH to "just leave her" and prevent her from seeing Lucas if she was determined to see him.

This is for unmarried PARENTS. So if Lucas's Mom and Dad were common law. This is not for Daddy's girlfriend to ask for custody. That would be nearly impossible for her to get with all the abuse complaints.

So is the $50,000 bond that's listed the real amount someone would have to pay to get her out, or is it 10% of that?

If they got through a bail bondsman they pay 10% and do not get it back.
If they pay the $50,000 upfront, that will be refunded if she doesn't flee.

For the entire time she's "had him"? Meaning, is that the only place they lived together? Sorry, probably already covered! Thanks.

(Eta: Katy, dejavu, "there ain't no damn fishing pole" (Dylan)....)

Yes, she lived in those apartments for 3 years. Emily and Dad got together 3 years ago.

Off the wall scenerio a friend mine just said to me: If EG or JH owed drug dealers, the dealers would possibly snatch Lucas until she could pay? When she went with the money, he wasn’t there, and said they left him playing in a park (but really kept him). Thus the open back door, no shoes or jacket. And no scent from the house by the dogs. That’s happened here in Dallas twice. Could that be why LE are searching the parks and still giving hope he’s alive? Or possibly dealers who found out they were informants (thus no names/faces on TV/MSM) and snatched Lucas in revenge? Still trying to understand the language LE keeps using and the case now being elevated to criminal status. Having drug dealers in your house around your kids could get you in jail. Just a theory for hope. We sure need some ❤️

I would love for this to be true.

I posted yesterday that I don't think she will ever give up the location of where she put Lucas. I hope I am wrong, but I think this woman cares only about herself, and no one else.

IMO

Just like Baby Gabriel... I hope Emily isn't as nasty as Elizabeth.

 

[AmyPond]

Still praying for a miracle no matter how naive that may be. I just want him to be safe.

And $5000 could get her out? Blech.

 

[cvaldez1975]

oh I see.. that makes sense.

There are certain laws which apply to testifying against a spouse. In my opinion it may matter. I'm not familiar with common law rules, or how it may or may not apply in this case, but I would think it would apply as Most states were they were legally married as to such?.

Perhaps a legal person could answer to this.

 

[Steelslady]

I invited another family member over here to Websleuths, who has been outspoken elsewhere about this case. I don't know if he will sign up and become vetted, but it would be nice to have him here, especially for FindLucasAllen's sake. I don't want to say how he is related to Lucas, but his posts seem to go along with FindLucasAllen's,, but they are not related to Lucas in the same manner.

Looks like he's signing up! I am helping him with a couple of things now!

 

[cvaldez1975]

I think what you have quoted means if the actual parents of the kid were not married, not a common law non parent.

Ok, I understand what you are saying now. But I'm not so sure she would have no custody rights over Lucas. Kansas recognizes common law marriages. EG and JH have been together for years and have a baby together. According to a quick google search EG could petition for custody of Lucas as a common law spouse:

"In Kansas, courts typically award parents joint legal custody. This means both parents share the right to make important decisions concerning their child's welfare, such as those related to religion, education and health care. Legal custody may be awarded during divorce regardless of whether the parents are common law spouses or "regular" spouses. The court may also award residential custody, with whom a child resides, to both parents; however, it is much more common for Kansas courts to award residential custody to one parent while granting visitation rights to the other. Common law spouses, like other spouses, are free to come up with their own parenting agreement. If they are unable to do so, the court will step in and make the decision for them."
http://info.legalzoom.com/common-law-divorce-kansas-custody-rules-25764.html

BBM. So it may not have been as easy for JH to "just leave her" and prevent her from seeing Lucas if she was determined to see him.

 

[dyannaON]

I feel so sad that Lucas is out there. Alone, cold. I’m so scared to find out what has happened. So many times this happens. Different town, different family, same outcome.
It’s just so hard to fathom.


Sent from my iPhone using Tapatalk

 

[FindLucasAllen]

Looks like he's signing up! I am helping him with a couple of things now!

Good!

 

[texasbean]

Crap, I forgot about the 10%- why the heck didn't they make it one million instead?

Five thousand? That's peanuts- her family will no doubt raise that within a day or two

Ugh!!!!!

IIRC the charges are misdemeanors. I’m with you on an emotional level but there are rules that have to be followed. To be honest I’m shocked that it’s possible for two misdemeanors to result in a bail as high as $50k. But I’m not a lawyer. And I fully expect that it’s just a matter of time until EG faces further charges. JMO.

 

[Henry2326]

Bond set at $50,000.00

https://ssc.sedgwickcounty.org/sheriffinmates/SheriffInmateDetail.aspx?nameId=214693

Sent from my P00I using Tapatalk

 

[MsFacetious]

Looks like he's signing up! I am helping him with a couple of things now!

Just make sure he's aware of the rules, watches the language and gets verified quickly.

 

[GigTu]

[emoji22][emoji174] I can’t even....I feel 濫This boy, smiling, with a freaking bruise on his head.... This is just the saddest, most gut-wrenching, heart-breaking sight...

:ditto:

 

[Steelslady]

Looks like he's signing up! I am helping him with a couple of things now!

Does anyone have the link to become vetted? I honestly have no idea where to look- he's signed up now- waiting for a link to complete the vetting.

 

[Steelslady]

Just make sure he's aware of the rules, watches the language and gets verified quickly.

I am coaching him now on all of this!

 

[Jo in Calif]

First of all we don't know if they met the criteria of being in a common law marriage. Just because they had a child together and lived together doesn't mean they were common law married.

If you’re living in Kansas, you need to meet a number of requirements before you can prove you're in a common law marriage.

First, both parties must have the capacity to marry, meaning that there’s no legal impediment, or bar, to the marriage. This essentially means that the spouses can’t be closely related, can’t be married to someone else, must be old enough to marry, and must have the mental and physical ability to marry.
Second, the parties have a “present agreement” to marry. A present agreement to marriage doesn’t have to take any particular form and no writing is required. What’s necessary is that two people intend to be spouses. A present agreement to marry can be inferred either from the behavior of the two people involved or the way in which they mutually recognize each other as spouses.
Third, the parties “hold each other out” to their family, friends, and the community as a married couple. This means that the couple does and says things that puts others on notice that they believe they’re spouses. If the couple has a general reputation as being spouses in a marital relationship, that’s enough to satisfy this requirement.

More at link.

https://www.divorcenet.com/resources/common-law-marriage-kansas.html

 

[MsFacetious]

I am coaching him now on all of this!

Okay good. I want his info to be allowed here, he's got a lot of relevant things to share.

 

[FindLucasAllen]

Does anyone have the link to become vetted? I honestly have no idea where to look- he's signed up now- waiting for a link to complete the vetting.

I'm sure by the time I hit post someone else will already be on top of this but https://www.websleuths.com/forums/s...n-Process-for-Professional-or-Insider-Posters

 

[katydid23]

Here's my thought on JH's comments about the abuse:

He's saying stop asking about the abuse, that isn't important now, finding Lucas is important, and I agree with him. We can rehash for hours about the abuse allegations, we can talk about how horrible they are and those horrific pictures and how everyone failed Lucas but let me asking a question: does all that help find Lucas? This is what irritates me so much about the media, they are so hungry for some juicy tabloid news, the flashing headlines screaming ABUSE and they forget there is a missing little boy who needs everyone's help.

Right now...the abuse isn't important, JH isn't important, finding Lucas...that's important. JMO.

Speaking about the abuse is important, in my opinion.

The abuser has been busy claiming that there was no abuse. Just simple playground injuries, is the excuse. And then claiming that the child just inexplicably went missing through the open back door.

If we do not make the connection that this woman has been routinely beating this child, we might miss the TRUTH about how and why he went missing.

So NO< I do not agree that we should stop speaking about the abuse. It is a vital component of the current mysterious situation, in my opinion. And not speaking about it, is how we got here in the first place.

 

[MsFacetious]

I'm sure by the time I hit post someone else will already be on top of this but https://www.websleuths.com/forums/s...n-Process-for-Professional-or-Insider-Posters

I tried, couldn't find it! Thanks!

 

[perfectingpink]

I'm sure by the time I hit post someone else will already be on top of this but https://www.websleuths.com/forums/s...n-Process-for-Professional-or-Insider-Posters

You beat me to it! I hope your day is going as well as it can. :hug: