WATERLOO - A child custody case involving a mother's alleged sexual and physical abuse has revealed an unusual split between the Iowa Department of Human Services and local courts.

As a result, local advocates promoting equal placement in child custody cases are calling for the impeachment of Black Hawk County District Court Judge George Stigler.

Stigler in September ruled to allow Theresa Weichers, formerly of Cedar Falls, to retain custody of her three children. The judge's decision came despite DHS officials' claim the woman sexually abused a boy and that her own children should be protected.

Weichers retains primary physical custody of her three children.

Two groups that advocate for equal placement of children in custody cases - Iowafathers.com and CRISPE.org - rallied Tuesday outside the Black Hawk County Courthouse. Members want Stigler impeached. Iowafathers.com claims the judge often rules unfairly against fathers and criticizes his decisions on its Web site.

The father in the case, Matt Weichers of Cedar Falls, along with his current wife, Jen, belong to the group.

Theresa Weichers, now living in Cypress, Texas, allegedly fondled and on 10 occasions had sex with a 12-year-old boy nearly five years ago in her Cedar Falls home, according to DHS documents obtained by the Courier from Matt Weichers.

DHS recently determined the allegations against her are founded, which requires more than half the evidence to point toward abuse, according to DHS documents. After its finding, DHS placed Theresa Weichers on the non-public Iowa Child Abuse Registry, which makes it difficult for her to land a job requiring her to care for other people's children. Cedar Falls police opened an investigation into the claims but have not filed any charges against Theresa Weichers.

Theresa Weichers declined to comment. Her attorney, Mark Milder, said she denies the claims and is appealing the DHS decision.

DHS documents reveal an unusual split between the courts and the state agency on where to place the Weichers children.

Department spokesman Roger Munns said judges often agree with the recommendations from DHS, and described his department's relationship with judges as "excellent." He declined to comment on the specifics of the case, citing department policy.

"We make recommendations in thousands of cases," he said. "Very often, the judges agree with the professional opinion of our workers. But it is a judicial call, and we follow the law."

In his ruling Sept. 7, Stigler ordered the children returned to the mother unless the Black Hawk County Attorney's Office took action within a week of his decision. He voiced no concerns about the father's fitness to care for his children.

Stigler declined to comment on the case because it remains open.

The next week, DHS called Assistant Black Hawk County Attorney Steve Halbach and said, according to DHS documents, that he did not intend to file a petition to remove the children based on the sexual abuse allegations founded by DHS. He said completing an interstate removal from the mother's home in Texas would prove difficult.

Halbach declined to comment on the case.

On Sept. 13, the morning before the children were required to return to the mother, DHS met with Halbach and presented additional evidence - a letter from the children's physician in Cedar Falls. The information alleges Theresa Weichers abused her own children.

In the letter, which was part of the DHS documents provided to the Courier from Matt Weichers, Dr. Darron Cutler wrote the Weichers' oldest son, 14, had been crying uncontrollably and having nightmares. He said the youngest child, 8, also exhibited signs of abuse, such as talking in the third person and using hand puppet gestures to speak. When Cutler first saw the girl, her feet were in such poor condition that she was embarrassed to show them, and could not put on socks or shoes without pain.

"It is vital for these children to remain in Iowa with their father," Cutler wrote. "Their lives and their future depend on it."

In a Courier interview, Cutler said part of him feels like he has let the children down because, despite his efforts, the children remain with the mother.

"I've never seen a scenario like this where total common sense, even, has been ignored," he said.

DHS Supervisor Chris Hammer argued, according to DHS documents,that Stigler's ruling didn't allow enough time for the state agency to complete an assessment of the children, which could lead to permanent removal. Given the time constraints, Hammer recommended a temporary removal order while DHS completed its assessment. Halbach told DHS he wouldn't ask for one.

One hour later, Hammer and the case worker then met with Judge Stephen Clarke to again recommend the children be removed from Theresa Weichers' care. After discussing the case, Clarke told them to come back after they had talked to Theresa Weichers and some of the children's teachers and counselors in Texas.

DHS returned that afternoon and said the two people interviewed - a school counselor in Texas and Theresa Weichers - did not believe the children were in danger by staying with their mother. DHS also presented a letter from a therapist who last saw the children in March who came to the same conclusion. That person, though, described the relationship between the children and their mother as strained. Clarke declined to issue a removal order.

In its assessment summary, DHS wrote the children, while doing well in Texas schools, were fearful of their mother and her partner and did not want to return to Texas.

Court decision

In his ruling, Stigler expressed concern Matt Weichers raised the sexual abuse allegations solely because he wanted full custody of his children and not because they were in danger.

In previous decisions, Stigler noted Matt Weichers appeared angry in court. After Stigler rejected a petition in 2005 to modify custody, he wrote that "a substantial amount of Mr. Weichers' testimony has to be viewed from the vantage point of his anger and hostility."

The sexual abuse case lay dormant for nearly two years because Theresa Weichers moved to Texas after she won primary physical custody of her children. With no way of requiring her to return to Iowa, DHS could not interview her and investigate further.

Matt Weichers challenged her move to Texas in 2005, but Stigler ruled a change in residence - even out of state - did not warrant a change in physical placement. He noted "a parent seeking modification of the placement order must still show his or her ability to more effectively minister to the needs of the children's well-being."

DHS reopened the case in August after Theresa Weichers agreed to be interviewed at the Cedar Falls Police Department. She returned to Iowa after the father filed a petition to modify custody and accused her of physically abusing her own children.

After the interview, the case worker, Stacy DeBerg, wrote in her findings the boy alleging the sexual abuse maintained a consistent account of the events during interviews nearly two years ago and when he later recounted his experiences to a therapist. She said Theresa Weichers provided information not substantiated through interviews with other people. DeBerg also noted Theresa Weichers refused a polygraph test.

Back to Texas

After Stigler's ruling, the Weichers children boarded a plane bound for Texas early Sept. 15. Despite Theresa Weichers' alleged actions, Matt Weichers said he abided by the court's decision because he didn't want to break the law and jeopardize future chances to win custody.

"If I keep them now, I could go to jail," he said the day before returning the children.

"It's one of those things where you choose your battles," his wife, Jen Weichers, added. "Do you want to win the battle or win the war?"

The Texas Department of Human Services has opened an investigation, but officials did not return a call requesting details on its case.

Matt Weichers said he will ask the courts for another custody modification hearing, which likely won't be scheduled for another six to 18 months. He won't appeal Stigler's decision, he said, because that would take longer than a modification request and will cost significantly more.

For now, he will try to move jurisidiction of the case from Texas to Iowa, then pursue an independent guardian for his children in the case, called a guardian ad litem.

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Contact Jens Manuel Krogstad at (319) 291-1580 or jens.krogstad@wcfcourier.com.

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{M3What is the Iowa Child Abuse Registry?

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The Iowa Department of Human Services founded charges against Theresa Weichers of second degree sexual abuse and lascivious acts with a child, and placed her on the Iowa Child Abuse Registry. This is different from placing someone on the Iowa Sexual Offender Registry, which is open to the public and requires a criminal conviction. Founded charges require more than half the available evidence to show abuse occurred.

The names of founded abusers are placed on the child abuse registry for 10 years. The list is not public but employers for many types of positions, such as teachers or caretakers, require applicants to give permission for their names to be screened against the registry.

Employers are not forbidden from hiring these people, but being on the list requires a judgment call that many employers are unwilling to make.

Click here to view court documents »