Cutter & Lax, Attorneys at Law Articles Custody Battle Rages Between Mothers

Custody Battle Rages Between Mothers

By Cutter & Lax, Attorneys at Law  Dec. 17, 2012 12:43p

Woman Who Murdered Daughters Now At Center Of Storm

In a strange custody case between a mother and her ex-husband, the most important player is in fact the children's step-mother. The woman, recently remarried to her first husband and living with his sons from the second marriage, was institutionalized years ago for murdering her daughters in their sleep.

The tangled web of relationships dates back to the 1980s, when the couple first met and fell in love. The father, then a fighter pilot in the marines, married his first wife, K, and had two daughters with her. Tragedy struck in 1991, however, while he was serving overseas. After tucking their daughters into their beds in the couple's Orange County home, K came back into their rooms as they slept and fatally shot the girls in their sleep.

The grief stricken man divorced K soon after, who was found not guilty of the murders by reason of insanity. She was admitted into a mental institution after her defense lawyer argued his client had suffered a nervous breakdown stemming from complications with her anti-depressants.

The marine soon met another woman, T, and the couple was married in 1995. This second marriage eventually produced two sons, now teenagers, before the rocky marriage eventually ended for good in 2004. During their divorce settlement, the couple agreed to split custody of their sons, with the older boy moving to his mother's home in Oregon, and the younger son staying with their father. The boys are reunited during the holidays, which are divided between their parents.

First Wife Released, Declared Cured By Physicians

Unbeknownst to his second wife, however, was that the husband would soon reunite with his first wife K. Released after more than ten years of psychiatric therapy, the woman contacted her ex-husband and the two soon began to rekindle their relationship. K and the man eventually remarried in 2005. T began to suspect that the woman was back in her ex's life when she saw paintings in his home that were signed with K's name.

After hiring a private investigator to prove that the two were living together, she immediately filed for an emergency injunction to have her children removed from their father's custody. Citing their stepmother's violent past, she argued that the boys' lives were at risk as long as K lived in their home.

The court heard several mental health experts testify on K's behalf, including the doctors who had ordered her released from the institution. They stressed that she was temporarily insane when she committed the murders, and that she had been cured of any danger. The judge eventually agreed, and has ordered that the boys remain living according to the initial agreement until a future trial date.

A Divorce Attorney Is Ready To Help

If you are considering seeking a divorce, it is important that you consult with a trained expert before making any decisions. At the Law Office of Cutter & Lax, our legal team has the skill and experience handling a wide variety of cases necessary to guide you through the divorce process as smoothly as possible. If you need help with your child custody agreement, or simply wish to learn more about the options available to you contact our office and speak with a divorce lawyer right away!

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