Judge says Josh Powell can't get boys back for time being


by KING 5 News


Posted on September 28, 2011 at 11:53 AM

Updated Wednesday, Sep 28 at 11:13 PM

TACOMA, Wash. -- A Pierce County judge says Josh Powell cannot get his two sons back, but where to send them has yet to be determined.

Josh Powell remains a person of interest in the 2009 disappearance of his wife, Susan Powell. He is currently in a custody battle with Susan Powell's father, Chuck Cox.

Chuck and his wife Judy received temporary custody of the boys Tuesday night. The judge awarded the couple the children and they will likely remain in their care until at least November 15th.  That's when the next court appearance is in the matter. 

The state attorney told the judge Wednesday that appropriate placement would be with Susan’s parents. Josh said if he can’t have them, then he wants his sons placed in foster care.

The boys had been living with their father at the Puyallup home of Josh's father, Steven. They were taken into state custody last week after Steven was arrested on child pornography and voyeurism charges. Police said the boys were not involved in the child pornography.

In arguing that the children should be removed from Josh Powell's custody, the state cited the child pornography found on Steven Powell's computer during the Aug. 25 search of the home and the fact that Susan Powell remains missing.

The state also cited the condition of the home on Sept. 22 when Steven Powell was arrested. When they made the arrest, poilce police found one of Josh Powell's brothers, who is developmentally disabled, naked. The state also said a hangman's noose was found, as well as a poster on the wall with a sexually violent image of a woman with a sword.

Josh Powell responded that the hangman's noose was a rope used for weightlifting. And he said he did not believe there was a sexually violent poster in the house. He said the brother who was naked during the arrest had just gotten out of the shower and the family had not been able to attend to him as they were were caught off guard by the raid.

Josh Powell can only have supervised visits with the kids for three hours every week.  He has also agreed to undergo a psychological evaluation to prove he is a good father.