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Daycare owner attacked after refusing to hand over children to intoxicated father

In Helena, Montana, a daycare owner Martha McClure refused to give three children to their father after he came to get them. The father was drunk and does not have legal custody. When McClure refused him, he punched her and hit her in the face with a shovel.

On Monday, McClure had surgery for her injuries, but according to family is still struggling with double vision.

Francis Joseph Jackson’s three children, all under the age of 4, were in McClure’s care when he showed up at her Ronan daycare center with an unidentified woman last week.

McClure had personal knowledge of the suspension of Jackson’s parental rights and that he was not legally allowed to contact them.

According to Deputy county attorney James Lapotka, Jackson, 31, “has been in an ongoing CPS case for the past three years” and was served court papers saying the agency had legal custody of his children.

McClure claims smelling alcohol on Jackson’s breath and although he became angry and began to threaten her would not relent in letting him have his children.

According to McClure, she was able to lock the door after physically removing Jackson from the daycare center. Court records say Jackson then began throwing toys, including a tricycle, at the window wanting to get back inside.

McClure went outside and fought with Jackson. The woman with him hit her with a snow shovel. Jackson then hit McClure in the face, knocking her down, and he and his companion fled without the children.

Jackson was arrested Monday and faces aggravated burglary charges in the Oct. 7 incident.

The woman’s name has yet to be released and she has not been arrested.

McClure is recovering from surgery for an eye injury.

The below photo is from a gofundme account set up by the victims family.