that's a 10-year-old boy begging for help. he does not want to go and live with his dad. the father is accused of tricking a judge in texas and kidnapping his 10-year-old son from the school bus. you just saw it. get this. police say it's not the first time he's taken him illegally. a felony arrest warrant is now out for this fugitive dad as police desperately search for little jean-paul and mom shares her heartbreaking story with me. a criminal at 4 years old. the cop says the little guy was drinking a beer wandering the neighborhood at 2:00 a.m. and broke into someone's home and stole christmas gifts. why? because he wanted to be like daddy, who is in jail. now mom could be in trouble as well. wow, a couple of doozies there for you. welcome. this is "prime news." i'm mike galanos. this one, it rips your heart out to see that video. see a little guy, little boy begging, pleading on the school bus so he doesn't have to leave and live with his dad. >> police in san antonio, texas, say the father, jean philippe lacombe tricked a judge, showed him misleading papers saying he had custody of his 10-year-old son. then we see again that awful scene, little jean paul and his father now missing and his mom desperately trying to get him back. here's david mattingly from our sister network cnn with more. >> reporter: it's an ugly child custody fight caught on tape with a very frightened little boy caught in the middle. >> reporter: with his own father standing outside his school bus, listen as 10-year-old jean paul lacombe diaz pleads with texas constables for help, begging to stay with his mother. >> we're not going to let him do anything to you. >> no, please. >> reporter: his mother says it should have never been allowed to happen. >> take him to a place where he's going to be safe. not just give him to him. if someone -- if -- the kid was shouting, please don't give my body to him, please put me in a safe place. he was pleading for that. >> reporter: but texas constables had a court order and turned him over to his father on the spot. jean philippe lacombe told a texas judge he had legal custody of his son in mexico. he did not. all this happened two months ago. texas authorities have since discovered lacombe actually lost custody and visitation rights after he took his son away to france in 2005. his mother had to fight two years to get him back. she moved to the united states thinking that here they would be protected. so where did everything go wrong? the judge says he acted properly based on the documents he was presented. >> you've got lawyers who are officers of the court telling you here's the order. here's my client swearing to you that something is going to happen to the child. you have to understand in this case these people were making allegations. they were swearing to me. >> reporter: but listen to what the child says here. >> the district attorney says there's been no report of physical abuse in this case so far and they're still investigating. but she says just the allegation alone at the time should have been enough for officers at the scene to act. >> the officers are initially under a responsibility to report any form of child abuse that they are aware. you have a child who is out crying. common sense would be that the officers call child protective services and they didn't do that. >> reporter: the father and the child have not been heard from since. calls to his attorneys by cnn were not returned. jean philippe lacombe is now wanted for kidnapping and accused of lying to the judge. david mattingly, cnn, atlanta. >> now, earlier this week i had the chance to talk to jean paul's mom bernice diaz and her lawyer as they try desperately to find her home. bernice, i have to start -- we're sorry, because we know it must be difficult for you to hear that and see that again, your son on the bus. how are you holding up as you continue to fight this and hopefully and prayerfully get your son back? >> well, i have to be strong, because i have to find him. it hurts, you know, every time that i hear his voice. and it hurts deeply. but i have to stand still until i get him back. >> bernice, let's start with your son. any idea where he could be, where he and his father could be? >> no. i really doesn't know. i'm still holding his mexican passport. and he's a mexican citizen. they are also french citizens and philippe already have a wife from russia. so i don't know where they are. >> and he's pretty well off. he's a millionaire, right? he has a lot of money. he could be anywhere, right? >> yes. he could be anywhere. >> did you see him at the airport with your son? >> yes. >> was it the next day? and what happened? did you talk to the father, to your son at the airport? >> yes. i have a hunch, you know. then i went with my family, my cousins and my aunt to the airport to look for him. and then i saw jean philippe at the mexicana counter with the passports and then i saw my kid sitting down in the rest area. so i grabbed my son and i told him, please let's go. and he said, no, because my dad will kill you if i run from him. and i say, that's not true. and then, you know, juan philippe came, you know. and they -- i start calling the police. and then the police came and, you know, was -- they gave him again because they have the court orders. >> so you had another confrontation with his -- the boy's -- your son's father. and police showed up again and he left with your son again is what you're saying at the airport? >> yes, yes. >> but you didn't see him board a plane or anything, so we're not sure what happened there. >> no, no, no. >> okay. if you can -- i know it's difficult. but as -- you had no idea that constables were going to come and apprehend your son off the bus, right? >> no. >> going back to that day. >> of course not. no, no. for me, it was a regular day. >> so you show up and what happens? what unfolds? >> when i show up, you know, i saw these two police cars and then i saw a lot of policemens there in the road. and then i saw they were bringing down my kid from the bus. and i started saying, what happened? so i went to get out of the car and a policeman came and gave me some papers and asked me that i -- if i have a -- my driver's license or something. and i start seeing my two kids crying. and then i asked the policeman, what are you doing? he say, we are going to take your kid. i say, why? because we have a court order. and i say, but let me go, you know, to talk to him. he didn't want at the beginning. so then another policeman came and said, okay, let her, you know, go and approach to the son. so, you know, then i start -- i heard juan philippe shouting, you know. then i knew what was happening, because i saw him there. but then i told my kid, okay, don't worry, you know. we're going to be fine. i think this is a mistake. and i asked the policeman, please, this is a mistake, don't give him to him. he said, i can do nothing, we have a court order. then my child, you know, starts screaming again and say, to whom i have to talk, because i don't want to go with him, you know. he mistreat him, he hits me, you know. and i say -- and he say, don't worry, you're going to talk to the judge on monday. and that promise never realized. >> bernice, how difficult was it? i've seen the photos and the video, that hug there outside of the bus and your son holding a teddy bear. how difficult was that? >> i don't have words to say my feelings. it is -- you know, it is a nightmare to every parent that cares for their child to say good-bye. and then have a false promise from someone and then realizing when it was happening that it was a big mistake. so it is -- it has been very difficult since that. i haven't had a life, you know. he abducted my child. >> berenice, we're going to continue this conversation and continue to follow this story. much more after break. welcome back to "prime news" on hln. we're continuing the heart wrenching story. we've shown you the video little jean paul pleading for help as he's getting off a bus and his father is waiting there because the father says he has custody. we've been talking to jean paul's mom, berenice diaz, telling her story in a passionate, emotional way. berenice, thank you, again, for sharing your heart and the way you're telling the story. i know it's difficult but maybe we're catching some attention and we can help find your son through all of this. her attorney, miguel ortiz is with us as well. how did he get the legal backing in court to get this court order so he could end up doing what he did? >> well, how the proceedings work, they call it ex parte, which means only one side goes to court and tell their side of the story. of course, there is no one there to challenge anything that they're telling the court. and there was no one there to advise the judge that the documents that were presented, they were telling the wrong story. there was actually nowhere in those documents that they presented that it gave the father any type of custody. and those proceedings are very fast. it happens in an informal kind of way where the judge may ask some questions as to the validity of the documents. the judge will trust what the lawyer says. lawyers are officers of the court actually have to tell the truth. and that is how we believe it happened as to obtaining the order itself. >> okay. let me bring in our reporter, amy virgin. covering this for kabb tv. thanks for your patience, by the way. the father's attorneys, what is their statement on this? because we want to know were they in on this or were they duped as well, if indeed these are false documents? >> well, i've asked those questions also at the beginning. of course, they haven't talked to us again. their attorney did speak to us and basically they say they're -- they are in the up and up. i can't say that the attorneys knew about this and did something wrong. i don't have any proof of that. now, what i'm being told is that the paperwork that they got and the fact -- and this was from the attorneys. the fact that he came to this country and did it in the court system proved to them that he was doing it for the right reasons, because he could have just come in and taken his child, because he was legally his. that's what they told me. >> as yami points out, the father's attorneys have an attorney. and here's their statement and we'll take a quick break. here's the statement. so we'll pick up the conversation -- i know it can be kind of confusing so we'll lay it out for you. we'll take calls, your questions if you have any. the 1-877-tell-hln number. welcome back to "prime news" on hln. continuing our coverage, heartbreaking story. little 10-year-old, little jean paul leaving the bus. sees his father is waiting there to take custody. he doesn't want to go. he's pleading for help. the father allegedly duped the court into getting this court order and custody. this was october 15th that he took his son. hasn't been seen since. want to throw up a tip line for you and a website. the tip line, if you've seen little jean paul or his father, jean philippe lacombe, the number 210-550-1114. we're with his mom, berenice diaz and her attorney, miguel ortiz and yami virgin. one thing our viewers have asked when they see the little guy so distraught and a policeman just going forward with giving him over to the father, have police made any statement as to why that took place and why they didn't stop and say, call child protective services? >> well, i did speak to the constable yesterday. he came to our studios. he wanted to watch that video. he had not seen it. and i asked him at the end, would you have done anything differently? and he told me that cases like this, this is the scene that they get all of the time. the children have spent a lot of time with one parent and they don't want to leave them. so i asked them then, does a child only say, i don't want to go with him because he hits me one time or does it take 20 times for them to figure out that something's wrong? that question wasn't really answered. >> yeah. and so many of our viewers have said this. i have to agree. just on a common sense front, we even had our detective lieutenant steve rogers say that, that common sense would make you stop and make that phone call to double-check. berenice, berenice diaz is little jean paul's mom. isn't that what you wanted in that case, the phone call just to double-check and get a common sense perspective from authorities there? >> yes, yes. yes. this is what we need. common sense. you know. you can see a boy begging because he was -- begging, you know, that not give him to him and they just say, no, we are not -- we can do nothing. we are sorry, they told me. and i say, sorry i can do nothing with your sorry. >> berenice, how confident are you that you're going to get your son back? >> now that i have, you know, the d.a., the -- susan reed that know my story and i have the marshals behind me, i have the authorities, i have the media, you know, i am very confident that my son is going to come back very soon. >> okay. berenice, our thoughts and prayers are with you. we appreciate your time. miguel you as well, yami. more news coming up. keep it right here. welcome back to "prime news" on hln. here's what we have. a 4-year-old drinking beer, wandering the neighborhood at 2:00 a.m. cops say the little kid broke into someone's home, stole their christmas presents and why? because he wanted to be like daddy, who is in jail. and mom could be in trouble for this as well. we'll take your calls, 1-877-tell-hln. oh, man, that's sad. 4-year-old emulating dad who is in jail. all right, now this. and it's a tragedy. the nfl football fans everywhere coming to grips with the death of chris henry. yes the 26-year-old wide receiver had a troubled past but seemed to have turned his life around. henry allegedly gets in an argument with his fiancee, jumps in the back of a pickup truck as she's driving off. witnesses say they heard henry threaten to jump out of the truck and hurt himself. >> he was demanding, you know, we need to talk. we just need to talk. we need to talk and she's saying, no, i don't want to talk, get off the truck. he said if you take off, i'm going to jump out and kill myself. >> wow. we'll take your calls on this, 1-877-tell-hln. joining me to talk about this, don banks, senior writer who covers the nfl for sports illustrated.com. good to have you aboard, good to see you again. also with us, steve rogers, detective lieutenant, nutley, new jersey, police department. steve, starting with you, how do these alleged threats impact the investigation? >> i don't think very much, mike. a lot of things are said during the course of a domestic violence incident. unless there is a motive for his death established and unless there was intent, unless there's actual concrete evidence that he was going to kill himself, it won't have much impact. >> what are you seeing here? are you seeing an argument that some things are said and it gets out of hand and then the tragic accident ensues? >> oh, yes. here he is on back of the truck. he's trying to get her attention. she did stop, from what i understand. and this was just one of those domestic violence cases that went too far and probably unintended consequences. >> let me bring in don banks. don, does this surprise you to hear that, one, the new information that he threatened to kill himself and throw himself out of the truck when it seemed like the guy had turned his life around? they went wedding ring shopping just a couple of days ago. >> yeah, mike. it's a bizarre twist for him, because the chris henry story, as you well know, was pretty sordid up until about 18 months ago. basically kicked out of the league. five arrests from assault to underage drinking with girls in a hotel room, to a weapons charge. everything you can pretty much think of as far as a player conduct issue chris henry had in the nfl. and that's why him and pac-man jones his former west virginia teammate were kind of the poster children for roger goodell's new get tough policy. but from everyone you talk to, the light went off a year and a half ago. he realized he was down to the last chance and put things in order and on the right path. but this sounds like a situation that escalated out of control very quickly. >> whether he was his last offense? a few years ago -- was it '06? >> yeah. it's been almost two years. and actually, he was cleared of that particular charge. but he had such a long track record before that, that he was one of the first ones that the commissioner focused on as far as the player conduct issue when he took office in 2006. >> yeah. well, let's listen to chris henry. now sad to say the late chris henry. again, on the hbo show "hard knocks" talking about some of the changes he had made in his life. let's listen to that. >> i just changed my whole life around, man. i stopped hanging out with a lot of people i used to. stopped going a lot of places. i told myself i wasn't going to make that decision anymore, i was going to be smart about everything. >> there you go again, stop making bad decisions be smarter. seemed to have done that. were there any stresses in his life? he was having a pretty decent season up until the point he got injured, broke his forearm. was there anything that came up other than the stress of a wedding? >> no, mike. from all indications, i mean, clearly he was disappointed that his season got cut short in november with that broken forearm. but there weren't any signs or warning bells or indications that he was under a great deal of stress. it looked as if he was fully committed to family life, trying to put the pieces back together on his personal front. and had finally come away from -- gotten away from the people kind of bringing him down. so there was no indication that something was about to boil over in this case. >> steve, before we go, so police say they're treating this like any other investigation. what does that mean? what steps do investigators go through now to find out exactly what happened and make a final ruling on this? >> they'll certainly look at the medical examiner's report to see if there were any other injuries on his body other than that were sustained as a result of the fall. but it will be treated as a domestic violence case and probably closed up in that manner. >> again, sad tragedy. steve, thank you for your insight. good to have you aboard. great to see you again, don. since when is a gift guide considered racist? a new guide featured in "the new york times" is coming under fire. it's called the "of color stylish gift guide." the people say it was created for and by people of color, so why are some people calling it offensive? we'll have that for you. first this and good news. dr. sanjay gupta from our sister net york cnn explaining why americans' life expect tanlsy will increase. >> well, this is truly one of those good news/bad news sort of situations. most people when asked how long they want to live, a lot of people will say it depends. what will my mind be like? what will my body be like? the good news is that we are probably going to live longer. that's according to some new data coming out from the census bureau and also the social security administration. as far as women go, they expect within the next 40 years women will start living on age to about 9 3 years old whereas men, about 86. those numbers are good especially if you're someone getting up there in years. but there's also a cost associated with this. that's where the bad part of the news comes in. about $8 trillion by 2050, that's what is expected to cost to take care of people who live longer, demographics, social security. as i mentioned, it's not just about living longer. it's about living healthier. and people think that there's a huge health care cost associa