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Family Of Victor Barahona Seeks Custody

MIAMI (CBS4) - Family members of a 10-year old boy who was found barely alive suffering from chemical burns in his adoptive father's truck in West Palm Beach have gone to court to seek custody.

The hearing Wednesday was scheduled to permanently sever the parental rights of Jorge and Carmen Barahona, who have both been charged in the murder of Victor's twin sister Nubia, and the torture of both of the children. Both are being held without bond.

The children's biological aunt and uncle were in the courtroom seeking custody of Victor. Juvenile Court Judge Maria Sampedro-Iglesia closed the hearing to the public shortly after the proceeding started.

It is believed that no decision was made except that Victor, and two other children the Barahonas had adopted, will remain in state custody.

Isidro and Ana Reyes, who is the sister of Nubia and Victor's biological father, told CBS4's Peter D'Oench outside the courtroom that they can't believe the abuse that happened to the twins and that no child should have to endure such treatment. They added that they were now on a mission to get custody of Victor.

"It shouldn't have happened what happened today," said Isidro at the end of the day's proceeding.

"Like everyone else I just feel this shouldn't have happened," said Isidro. "That's all. It was something that was tragic and terrible."

Isidro said that he was not allowed to speak about what happened inside the courtroom. He did say that he and his wife had been trying to adopt Victor since 2004. Another hearing was set for April 19th.

"We feel terribly about this whole thing," said Steven Grossbard, the Reyes' attorney. "What occurred is heinous, horrendous, these children were lacking emotional stability, of safety. Safety and health are supposed to be the paramount concern of these proceedings, something went awfully wrong in this case and I'm hoping it (will be) right now."

Victor's mother lost custody following drug and alcohol problems and after her arrest for allegedly assaulting her boyfriend, according to court records. Victor's father, Victor Bustillo, lost custody after he was arrested for molesting another child.

According to the arrest affidavit for 60-year old Carmen Barahona, Nubia was beaten to death by her adoptive father, Jorge Barahona, on February 10th, the same day a therapist called the Department of Children and Families to report that the girl and her twin brother Victor were routinely tied up and kept locked in a bathroom.

The warrant stated she was "repeatedly punched and beat about her body while she screamed and cried until she was dead." The therapist reportedly received the information from a Carmen's granddaughter who often stayed in the home.

Four days after Nubia was beaten to death, her body was found in the back of Barahona's pick up truck parked off I-95 in West Palm Beach; her brother was chemically burned, but still alive, in the front seat of the truck.

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