WINONA, Minn. — The parents of the late Madeline Kinsbury are going on the legal offensive, filing a petition for permanent legal custody of their daughter's two young children to cut Adam Fravel out of their lives.
In the petition, filed in Winona County Family Court, David and Catherine Kingsbury say that their grandchildren "are in physical and emotional danger" should the court grant custodial rights to Adam Fravel, biological father to the children and Maddi's accused killer.
Attorneys for the Kingsbury's submitted the evidence cited by prosecutors in the second-degree murder complaint filed against Fravel, and note that Madeline's former partner did not ask the court for custody or parenting time prior to her murder.
Maddi's parents have been caring for her 2-year-old boy and 5-year-old girl in a foster role since they were removed from Fravel's care by Winona County Health and Human Services (WCHHS) on April 4. County investigators at first said the children needed protection as they were without a legal decision-maker, as Fravel had no custody rights.
But after removal of the children, WCHHS also cited significant concerns regarding Mr. Fravel’s behavior while the children were being taken from the home, including him locking himself in a back room with one of the kids, placing the children in the wrong car seats and refusing to provide WCHHS with any of the children’s belongings.
The children ultimately left his home with only the clothing on their backs.
David and Catherine Kingsbury maintain that while alive, Madeline provided all primary care for the children, and allege that Fravel carried out none of the day-to-day parenting duties. In messages to her family and friends, Maddi repeatedly expressed that Fravel failed to contribute to household chores or provide adequate care for her children.
The petition closes by detailing the close relationship between the grandparents and grandchildren and noting that the home in Farmington provides a safe, comfortable and loving environment that includes extended family.
Fravel himself has petitioned for permanent custody of the children. In a separate filing, Kingsbury family attorney Anna Tobias requests that Fravel's petition for custody and parenting time be dismissed.
On Wednesday, Winona County Judge Mary Caroll Leahy suspended Fravel's ability to visit his children while he sits in jail on murder charges, but declined to permanently terminate his parental rights saying to do so would be "putting the cart before the horse." Her rulings took place during a CHIPS (child welfare) hearing, which is a separate legal track from the family court custody case.
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