Who will get Zahra's remains?

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I just remembered a huge international case we had right here. Anyone remember Elian Gonzalez? He was a Cuban child that came here with his mother - illegally - and his mother drowned while at sea.

His father (finally) got custody of him. The fight was because he had relatives here and because it was Cuba we were dealing with. Eventually our LE went in and took him by force to give him back to his father.

I believe it will be the same case with Zahra - but because we are not dealing with a country that we are at odds with - it won't take any force at all. I do believe that ED will get her and it will be fairly quickly done.
 
I think that since Emily has an OZ order for JOINT custody, the NC laws would honor her has the next of kin. She may have to be present in the US in order for them to hand Zahra over to her though. I could see where, in abcense of the biological next of kin's (Emily's) presence, they may give Zarha to her next of kin who is PRESENT in the US...AB's mother. But I bet Emily is chompin' at the bit to get her butt over here to get her little princess, whenever that time comes. So I really doubt there will be an issue in Zahra going home with her mommy.
 
Unless EB has formally adopted Zahra, which it doesn't sound like she has, she's probably not next of kin (thank you, that was the term I couldn't think of last night). Next of kin and custody are issues that are only tangentially related in the legal sense; depending on North Carolina's laws, marrying AB might or might not have made her legal kin of Zahra's. Inheritance law is probably more relevant here than family law, at a guess.
 
passionflower said:
I have been wondering if AB goes to jail for the murder or abuse of Zahra, who will be in charge of her remains for burial? funeral? memorial?
Will her bio mum in AU be entitled to Zahra?
AB?
the grandmother KB?

anyone know the law???
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Yeah, in that news report we've all seen so many times of the interview with Emily, the newscaster said she will "undoubtedly" get custody now, even if it is just her body. Since this is the US, I'm thinking this would be decided by the US laws and not the Aussie laws.
 
passionflower said:
I have been wondering if AB goes to jail for the murder or abuse of Zahra, who will be in charge of her remains for burial? funeral? memorial?
Will her bio mum in AU be entitled to Zahra?
AB?
the grandmother KB?

anyone know the law???
Click to expand...

Her Bio-mom would get Zarahs remains. :(

And now I'll:silenced::ziplip::lipssealed:
moo
 
Bio-mum. I would think it only appropriate that zahra be buried in OZ, around people who really loved her.

MOO

Mel
 
Kimster said:
Remember, KC Anthony had the rights to Caylee's remains even though she was in jail.

We'd have to look it up for the laws in North Carolina, but I do think that AB might have next of kin since he is the custodial parent unless Zahra's mother gets custody somehow.
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Even though ab was totally irresponsible with his daughter and her health and welfare?

Too bad little Caylee's othergrandparents had/have no voice in any of this.

But with Zarah, I'd think her bio-mom will get her back home.
imo
 
If and LE releases the remains to be buried to family, I would assume AB would be the one to get them ( if he is not arrested)? or would biomom get them?

Could their be a legal battle over her remains if he remains free?
 
I honestly have no idea. I certainly hope not but with AB not being incarcerated or charged yet it would seem a valid question.

Now that remains are found (due to be identified presumably at todays presser) things are goign to amp up quickly IMO on the legal end of things. Maybe one of our verified lawyers will weigh in on this.
 
I highly doubt that the remains would be released until the ME is finished with the autopsy and trying to determine Cause of Death. Much like the Caylee case, I suspect the ME will be presenting the information to the public to confirm that the remains are indeed Zahra's, the ME's report of COD, and testing being done on tissue, bone, hair, etc.
 
Would'nt that just be incredible, I just dont know what I would do with my feelings if that were to happen. I would be furious beyond belief.
 
hopefully the ME and LE will coordinate the release of the remains with charges being filed so that AB is not in a position to claim them.
 
Good question. I think it depends on a couple of things.

Did AB take ZB out of OZ illegally? (not sure if this is relevant)
He's already been charged with crimes outside the death of ZB?
Can bio-mom file some sort of motion to get custody of the remains based on AB's criminal history?

I just can't see him obtaining the remains and victimizing the bio-mom once again. To me, that's so tragic. AB was in charge of ZB's care and he failed, he failed miserably.

It's also my understanding that he has committed deportable offenses. Meaning, the US can kick his arss all the way back to OZ if they so choose:

2. Aside from the crime itself, other elements of crimes can be subjective. Whether a crime is an aggravated felony may depend, not just on the crime itself, but also on the length of the actual sentence and (for theft and fraud cases), the dollar value involved. We have seen that misdemeanors, usually meant to signify a less serious crime than a felony, can be considered aggravated felonies in certain situations.

6. Permanent ejection from the US. Most non-citizens who are deported from the US are not eligible to apply to return legally to the country for a period of from five to 20 years depending on their circumstances. But aggravated felons are permanently disqualified from ever returning to the US for any reason.

Linky: http://trac.syr.edu/immigration/reports/155/

Has it been determined if AB is a US citizen?

Thanks,

Mel
 
IMO, this is going to be a difficult call for the USA IF the USA has anything to say in the matter at all. As it stands, Adam has "primary" custody of Zahra, and so far the only charges he faces are not related to Zahra.

We I personally don't know if Adam has the right to get an emergency hearing in the USA Family courts and turn over his "primary" custodial rights to his mother, just in case Adam is charged with Zahra's death.

I have a feeling though that Adam's attorney is checking into the legality of who has the rights to Zahra's remains.

It's so sad, but this just may end up being a battle to the end of Zahra's final resting place. :(
 
wenwe4 said:
I highly doubt that the remains would be released until the ME is finished with the autopsy and trying to determine Cause of Death. Much like the Caylee case, I suspect the ME will be presenting the information to the public to confirm that the remains are indeed Zahra's, the ME's report of COD, and testing being done on tissue, bone, hair, etc.
Click to expand...

Which is why we are not likely to see charges for awhile.
 
I could just scream, execute both of them....we have no problem lighting up a woman!!!!!!!! I new it was coming, but my heart always breaks! Thanks for all the great work here at WS, some really good sleuther's, I stand in awe!
 
MOO - AB should do at least one manly thing in his life so he should sign papers now waiving any parental/custodial rights to Zahra's remains.

Grow some of those brass things AB and do the right thing. To me it is not about the legalities but rather about what should be done. AB's azz needs to be somewhere other than being allowed to roam the streets of Hickory/Hudson.
 
We discussed this earlier as well: [ame="http://www.websleuths.com/forums/showthread.php?t=119169"]http://www.websleuths.com/forums/showthread.php?t=119169[/ame]
 
Patty G said:
IMO, this is going to be a difficult call for the USA IF the USA has anything to say in the matter at all. As it stands, Adam has "primary" custody of Zahra, and so far the only charges he faces are not related to Zahra.

We don't know if Adam has the right to get an emergency hearing in the USA Family courts and turn over his "primary" custodial rights to his mother, just in case Adam is charged with Zahra's death.

I have a feeling though that Adam's attorney is checking into the legality of who has the rights to Zahra's remains.

It's so sad, but this just may end up being a battle to the end of Zahra's final resting place. :(
Click to expand...

I would refer you to the Nancy Cooper case, which occurred in Raleigh NC. Cooper was a Canadian citizen, as were his children and wife. After his wife was found murdered and before he was even charged with a crime, the maternal Grand Parents, from Canada, filed an Ex Parte which ended up granting them temporary custody of the children. They returned to Canada with the Grands. After he was arrested and charged with his wife's murder, the issue was revisited and further custody awarded to family members in Canada. So yes, American courts do have jurisdiction and can intervene.

As were Nancy's remains, the maternal parents received the rights to transport her home.
 
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