Mother accused of abusing dying son gets visitation rights

A dying boy's wish to meet his favorite WWE wrestler brought a lot more to light than expected.

The boy’s mother is now accused of abusing him and his brother and is fighting to even see her boys.

Danita Tutt is charged with injury to a child and was in court on Thursday to try to win back her visitation rights. Her dying son, Colby, and his younger brother were taken away from her after she was arrested.

Tutt has been surrounded by family every step of the way. But after fighting to keep visitation rights with her sons, the next step could be a jury trial.

Back in April, a wrestle-mania star made a surprise visit at the family’s Johnson County home because Colby was a big fan and because Tutt believed her son was terminally ill.

Since then, Tutt lost custody of Colby and a younger son and was arrested by Fort Worth police on a charge of injury to a child.

Tutt fought and won to keep visitation with her two sons, even if it's only two hours a week.

Tutt is accused of withholding food and water from Colby and exaggerating her son's condition to gain attention.

The mother’s attorney said claims about Tutt are all ‘unsubstantiated allegations.’

"We'll be prepared at the jury trial to shine the light on the problems of CPS and this entire investigation, which is absolutely a travesty,” said Terri Moore, Tutt’s defense attorney.

After the allegations, CPS took custody of the Tutt's two sons. A Johnson County judge later placed the boys with their maternal grandparents, allowing Danita Tutt to see her children once a week. But after her arrest, visitation was cut off.

Prosecutor Dale Smith argued it would pose a danger to the children. But ultimately, Fort Worth Judge Ruben Gonzalez decided to allow the visits to continue.

Tutt's family has filled most of the courtroom during the three-day hearing. But the biggest challenge lies ahead.

"I expect the prosecutor has made up his mind and is not going to open to any of our evidence,” said Moore. “So we'll save that, expect his next step will be to have her indicted."

Danita Tutt stood next to her attorney but declined to comment until the case is over. The prosecutor didn't comment for the same reason.

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