A Colorado man that survived three bullets to his head, while his mother succumbed to her wounds in the same melee with his then-spouse, has been awarded full custody of the couple's son, as reported by The Republic and other news outlets.
The return of his son took seven years.
P.S., a former Marine, was blinded as a result of the attack.
Arapahoe County District Court Judge Timothy L. Fasing ordered the change because the guardians had been allowing the ex-wife, T.L., overnight visits with the couple's seven year-old son, A.S.
The guardians were T.L.'s aunt and uncle, D.R. and S.R., of Aurora, Colorado.
On May 17, 2004, T.L. shot and killed her mother-in-law M.S. She was acquitted of first-degree murder, attempted first-degree murder and assault charges - by reason of insanity.
Though remanded to a state mental institute for much of the child's guardianship, she was recently granted more freedom. Every six to eight weeks she was allowed to travel to Aurora to visit her son.
On the other hand, P.S. had only periodic visits since the shootings, which completely stopped when he had a falling out with the guardians - over a year ago.
Fasing granted full custody to P.S. on July 27. A few hours after the order P.S. said, "It's absolute happiness. Overwhelming happiness."
Fasing based his ruling on Colorado family law - that includes P.S.'s constitutional rights to raise his son and his fitness as a parent.
D.R., who had been guardian of the boy for seven years, planned to adopt him and may appeal, said, "Our whole family is devastated. We treated him just as if he was our own."
T.L. is still supervised by doctors at the Colorado Mental Heath Institute-Pueblo. She told the Associated Press via telephone what she comprehends, "Based on what I've done I understand society's view of me.
I would rather not have any relationship with him (A.S.) if that meant he'd get to stay with (D.R. and S.R.). It's the only family he's ever known."
D.R. and S.R. were given physical custody of A.S. on the morning of the shooting. T.L. came to their home with the boy, his clothes, some money and diapers.
She allegedly told the couple that she was taking her husband to the hospital as he had suffered a heart attack.
T.L. then went back to her home, and her sleeping husband, put a pillow over his head and shot him. The first shot woke him up and only wounded his cheek.
A second shot forced his left eye to burst out. A third shot caught him in the temple.
T.L. killed her mother-in-law, who had been living with them in their Englewood home, with shots to her head and heart.
P.S. was in a medically-induced coma, waking later to find himself blind. While he recovered, and his wife faced criminal charges, a judge gave D.R. and S.R. temporary custody.
P.S. allegedly agreed to the guardianship.
If you are facing a child custody battle, or have an ongoing custodial issue, contact a family law attorney to defend your constitutional rights.