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The boy, whose name has not been released, weighed only 29 pounds when he was taken from a locked closet in his father's home in Harris County, Texas.
'It was very emotional (for the mother) to find the child in such a condition,' the mother's attorney Frank Mann told The Houston Chronicle.
Authorities are investigating a father and stepmother who are accused of starving and locking their 5-year-old son in a closet at their Texas home
The mother is now seeking custody of the boy as his father and stepmother, who were allegedly the ones behind the abuse, now face charges.
Police discovered the boy locked in the small closet with a mattress after being called to a home following a disturbance last Thursday.
The biological mother has not been named publicly but she has reportedly not seen her son for more than two years.
Her lawyer said that her ex, Bradley Bleimeyer, repeatedly took their son out of the state which made it hard for her to find him.
Horrific: The boy's father Bradley Bleimeyer (left) and stepmother Tammi (right) allegedly locked the five-year-old boy under the stairs and starved him
Police were called to the Spring, Texas home when Bleimeyer and his 16-year-old stepson got into an argument- allegedly over the teen's objection to the harsh treatment of his younger stepbrother.
The abused boy's stepmother Tammi Bleimeyer, 33, had fled the home with the boy before officers arrived, according to click2houston.
Bleimeyer, who is six months' pregnant, refused to return to the home when contacted by police. She was tracked to a motel in Humble by her cellphone where she was found with the boy.
Child Protective Services spokeswoman Estella Olguin told The Chronicle that the family was first investigated earlier this year but authorities were told they had fled the state so they dropped the case.
When CPS officials saw the child on February 20, he was not nearly as malnourished as he was when police found him on Thursday.
'He was not in this state of malnourishment,' Ms Olguin said to The Chronicle.
'Now we know they never moved... We still had more investigating to do on that case.'
Horrific: Assistant Chief Deputy Mark Herman said the abuse was the worst he'd seen in his thirty year career
The child was treated in hospital for cuts, bumps and bruises and was severely malnourished
The child was taken by police to Texas Children's Hospital where he was treated for a large cut on his back, bumps and bruises and severe malnourishment.
Tammi Bleimeyer was charged with endangering a child and released on $2,000 bond.
Bradley Bleimeyer, who was already out on bond for a burglary charge, was also charged with endangering a child.
The 24-year-old, who has spent time in jail and has string of prior convictions, is being held without bond.
Bradley Bleimeyer is the biological father of the five-year-old. His expectant wife is the biological mother of six children including the 16-year-old boy.
All the children are being cared for by family but CPS is expected to gain custody shortly. The health of the other children is currently unknown.