Allison Schumm wanted bond temporarily altered so councilman husband could be present for birth of their newest child

Mother's defense attorney withdrew the motion minutes before scheduled court hearing on Thursday

Steve Fry  |  Topeka Capital-Journal

Allison Schumm had sought a court order to allow her husband and co-defendant in a child abuse case, Topeka City Councilman Jonathan Schumm, to be present when she delivers the couple’s child, a court document examined Friday said.

But on Thursday, about 10 minutes prior to a hearing before Shawnee County District Judge Cheryl Rios was to start, the defense attorney for Allison Schumm withdrew the motion.

Allison Schumm, 32, and Jonathan Schumm, 34, were arrested and charged Nov. 19 with one count each of aggravated battery and, as an alternative, abuse of a child, as well as four counts of endangering a child.

Those crimes are alleged to have occurred between Oct. 7 and Oct. 11 and on Oct. 31.

As part of the bond each parent posted to be released from Shawnee County Jail, the husband and wife aren’t to have contact with each other.

Attempts to contact Allison Schumm’s defense attorney on Friday were unsuccessful.

Senior assistant district attorney Matt Patterson said Friday the defense motion would have had logistical difficulties to overcome in order to allow the father to be present at the child’s birth.

The separate cases of the mother and father are being handled by different judges and would require each judge to agree to the motion.

Also, the district attorney’s office hadn’t determined whether to oppose or agree to Jonathan Schumm’s presence at the birth of the child, Patterson said.

She listed her delivery date as Friday, the document said. According to court records, this child will be the couple’s fifth biological child.

It wasn’t known Friday whether the child has been delivered.

It isn’t certain whether the parents will have custody of their newborn child.

While not speaking specifically to the Schumm case, Theresa Freed, director of communications of the Kansas Department for Children and Families, said in such cases the DCF would investigate what risk of harm the infant would or wouldn’t face.

Then the DCF would decide whether to recommend to a court to seek the child's custody, Freed said.

In the past, the Schumms have said they have 16 children, of whom four are biological, two are in foster care, and 10 are adopted.

Their ages range from about 1 year old to about 20 years old.

During his first appearance hearing in Shawnee County District Court in the criminal case, Jonathan Schumm stated the children had been removed from the family home.

Jonathan Schumm was elected in April to the city council, on which he represents a southeast Topeka district.

In another court document listing the couple’s children, Allison Schumm first listed their number of children as “16,” but the numeral “5” was written over the “6.”

Citing violence to a 12-year-old son of Jonathan Schumm, District Attorney Chad Taylor and senior assistant district attorney Todd Hiatt filed a civil action Nov. 24 seeking to first suspend Jonathan Schumm as a city councilman, then oust him from office.

A court record alleges Jonathan Schumm struck his son with a belt that lacerated the son’s eye and hand, then choked the boy.

A hearing in the ouster case is scheduled for Dec. 11 before District Judge Franklin Theis.

In seeking Schumm’s ouster, the district attorney’s office alleges Schumm “willfully engaged in misconduct” while a councilman, court records said.

The Schumms were released from jail in lieu of bond on Nov. 20.