Jun 25, 2009 6:54 pm US/Eastern
Custody Questions Surround Boy's Beating Death
Judge Rules Child Can Be Taken Off Life Support
WORCESTER (WBZ) ―
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Nathaniel Turner, 7, was declared to be clinically dead Tuesday afternoon after he was allegedly beaten by his father on Father's Day.
Telegram.com
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Leslie Schuler is accused of beating his 7-year-old son unconscious on Father's Day.
WBZ
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Tiffany Hyman, Schuler's girlfriend, also faces charges in the boy's beating.
WBZ
Nathaniel Turner lived with his grandmother in Alabama. He was visiting his biological father, Leslie Schuler, for the summer whenÂ
Schuler allegedly beat him multiple times -- most severely and ultimately fatally on Father's Day.
While family members have said Schuler had visitation rights for the summer, there's no record of any such order.
"At no time was visitation or custody order granted in this case for the father," said Chief Justice Paula Carey of Probate and Family Court.
None of the family members with whom WBZ has spoken to have indicated they were concerned about the boy staying with Schuler.
Nathaniel Turner's parents disputed child support issues and even paternity, according to court papers.
In October of 2007, Schuler requested DNA testing, saying "depending on the outcome, request visitation so I could be part of this child's life."
He also requested visitation a year later, but that matter was never ruled on.
The matter of his custody was only raised once.
According to legal files, in September of 2005, Nathaniel's grandmother applied for temporary guardianship, claiming his "mother is having mental issues." Temporary guardianship was awarded. It expired three months later and was never renewed.
While legal custody reverted to his mother, Worcester police say Nathaniel moved with his grandmother to Alabama. While not reported to the court, it wasn't unlawful. Chief Justice Carey says it's possible Turner's grandmother believed she had custody.
"Every day probate and family judges protect children and issue orders to protect children. But once they leave the court, we can't control what they do," Carey said.
Carey points out new laws take effect next month that afford greater legal protection to children in family court matters. Guardianship cases will require greater monitoring.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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