Mommy murdered Daddy. It certainly sounds like an attention-seeking title. However, fatal family domestic violence as a whole represents a startling national statistic. A Bureau of Justice report indicates that 22% of murders in one year were related to a family member killing someone in the household. Just what happens with custody of the children in such a case?
In case you were wondering, it’s less usual for the female to be the perpetrator in a domestic violence case resulting in death. Unfortunately, statistical research shows that 58% of all family murder victims were actually women. Regardless of the gender of the parent who committed the crime, there is still the issue of who is entitled to custodial care of the children. See the court’s decision in a recent ruling.
Recent Case Deals With Murder and International Transfer
Child custody decisions after the death of a parent are not so novel on their own. However, when one parent kills another, other issues must be considered. More than likely, a criminal conviction will involve a jail sentence. With neither parent available to take care of the children, the court is charged with finding a suitable guardian.
This was the premise of the case considered in the recent unpublished opinion by the New Jersey Appellate Division, Wang v. Zhang, N.J. Super. App. Div. The late Xiaoye Wang and defendant Tianle Li were in the process of finalizing their divorce when Xiaoye died suddenly as a result of thallium poisoning. Tianle was charged with her husband’s death and convicted of the crime. The court remanded her to a life sentence.
At the time of the father’s murder, the couple’s son was just two years old. (The court assigned the child the name “Jeremy” to protect his privacy.) Initially, Jeremy was removed to a resource home.
Soon after the mother’s arrest, the decedent’s brother, Xiaoping Wang contacted the Division of Child Protection and Permanency (CP&P) regarding his desire to assume custody of young Jeremy. It should be noted that Xiaoping resides in China. Although Jeremy was born in the United States, both his parents came to this country from China.
CP&P suggested that Xiaoping allow International Social Services to conduct an investigation of his home and family in furtherance of assuming Jeremy’s custody. The uncle agreed and the procedure was initiated.
Meanwhile, Tianle appeared to have other ideas. Several weeks after the defendant’s arrest, her mother came from China to take care of Jeremy. Tianle voluntarily transferred legal and physical custody of Jeremy to the child’s grandmother, Jian Zhang. Coincidentally, this occurred around the same time the paternal uncle was undergoing a home study by social services in China.
The Father’s Estate
In addition to the custody concerns, the couple had some financial assets that were actually part of the divorce action. The Probate Court ordered Xiaoping as a co-administrator of his deceased brother’s estate. At the same time, the judge appointed a guardian ad litem on Jeremy’s behalf.
The Guardian Ad Litem
In cases where child custody is an issue, the court may determine that a guardian ad litem is necessary to represent the child’s best interests. In this matter, Ann Renaud, an attorney was assigned this role. She not only was involved in the appropriation of the parent’s property. She also played a critical part in the custody decision.
Child Custody Proceedings
Although Jeremy’s grandmother was assigned to care for him in the United States, there were several issues. Jian only spoke Chinese and had no transportation. The guardian ad litem noted that the child’s incarcerated mother seemed to control the situation from jail. Jeremy was not told for some time that his father was deceased. He was led to believe that his mother worked at the correctional facility and was too busy to come home.
There were many problems associated with Jeremy’s care. At one point, he escaped from the house and was found outside on his tricycle. Jeremy became unruly. The guardian ad litem expressed her concerns.
Meanwhile, Xiaoping had filed for legal custody from China in August of 2011. Although Tianle received a life sentence after her murder conviction in 2013, she is in the process of appealing the court’s decision. There is no explanation as to why the custody hearing did not take place until 2015.
The guardian ad litem was considerably involved in the custody dispute. She met with the child and the grandmother. She communicated with Jeremy’s uncle. Although Renaud was generally supportive of Jian assuming custody, she had some reservations. Renaud also had a favorable impression of Xiaoping.
Based on the court’s review of applicable documents and testimony, Jeremy’s uncle was awarded legal and physical custody. The child would relocate to China to live with Xiaoping and his family. Jeremy would need to return to the United States to renew his visa. Xiaoping also agreed that it would be a good idea for Jeremy to pursue his college education in the states.
Concerns about Child Custody?
The fact pattern for every child custody case is unique. If you are involved in a child custody dispute, it is important to retain an experienced family law attorney. At the Law Offices of Sam Stoia, we will assist you in determining the best interests of your child. Contact us to set up a complimentary meeting.