Who will get Zahra's remains?

[Patty G]

bumping up

 

[raisincharlie]

Weren't the Cooper's married and living together in the USA when the murder happened, or were they divorced dealing with "primary custodial custody" issues etc?

They were still married but Nancy was a planning a divorce and Brad was not willing due to the cost of alimony and such. Still married and all living in Cary, NC. Brad was here on a work visa, neither were US citizens.

 

[darlin gal]

With Caylee, her remains were given to the next of kin, which is her mother, Casey (who was in jail) . She had to sign the remains over to her parents.


http://www.orlandosentinel.com/news...aylee-anthony-body-dna-121908,0,1859200.story

In the case of the death of a child of divorced parents, the paramount privilege of burial is awarded to the parent who had custody.


Read more: Corpse - Burial Rights - Body, Wishes, Spouse, Surviving, Decedent, and Remains http://law.jrank.org/pages/5774/Corpse-Burial-Rights.html#ixzz1560rr9aw​

 

[impatientredhead]

As mentioned above, until he is convicted Adam is next of kin.
He has been the custodial parent for years.

That doesn't mean there can't be a legal battle, but he is the next of kin.
I would assume he will be arrested before then and he will release the remain to his mother or to biomom. There is really no reason for him not to.

But you can't withhold them after the medical/legal exams are done. Think of the recent Riley Fox case where the father was suspected/arrested and exonerated. It would only have been compounded if they had withheld the remains of the child on top of it. Even if charged, he is not convicted of anything.

I have mentioned in other cases my MIL was brutally beaten to death during a divorce battle. Her husband was the one and only suspect (though NEVER charged), but with divorce proceedings and restraining orders in place at the time of her death he was next of kin and 100% in control of her remains. 100% no questions asked. He was her husband. Suspect, divorce proceeding, and restraining order and we had to ASK for his permission to retrieve her body from the morgue to bury her. If he had said no and left her that was up to him.

 

[kalekona]

Not a popular opinion here I know but I believe that Zahra should go back to OZ with her grandmother.
I would hope to see KB and ED work together in planing the last good-bye to this little girl.

 

[miabellamoure]

I believe that unless AB can prove that Emily surrendered her parental rights or that he has sole custody of Zahra...will Emily be prevented from being able to return to Oz with her child.

 

[grandmaj]

In my state, I'm not from NC, the requirement is for a cremation all next of kin must sign. For burial any of the next of kin can approve of the disposition. The reason for this is if one party suddenly objects you can exume. A cremation cannot be undone.

This gets tricky at times. If one parent is incarcerated you work through that person's lawyer or the prison ombudsman to obtain the signature. I once had a man who passed and he had two brothers, both incarcerated. His parents were deceased and thus his siblings were next of kin because he had no children. It took weeks, but we eventually got both signatures authorizing the cremation. What can be very sticky is if you suddenly learn that a person is not legally divorced. Then that spouse who is not legally an ex, even if it has been 40 years separated, must sign.

Do we know that Adam is legally divorced?

Since both of Zahra's biological parents are alive, they are both considered next of kin and would have equal rights under the law in my state. Adam might have had custody, but that doesn't remove the rights of the mother under the pecking system used to determine next of kin. Custody doesn't weigh in. If Adam chooses he can sign those rights over to Zahra's mother, but he does not have to, even if incarcerated. If there is a disagreement then it is settled by the court system.

I have had divorced families who could not agree. Cremation is ruled out at that point and burial is the only option we will allow in that case.

 

[miabellamoure]

With Caylee, her remains were given to the next of kin, which is her mother, Casey (who was in jail) . She had to sign the remains over to her parents.


http://www.orlandosentinel.com/news...aylee-anthony-body-dna-121908,0,1859200.story

In the case of the death of a child of divorced parents, the paramount privilege of burial is awarded to the parent who had custody.


Read more: Corpse - Burial Rights - Body, Wishes, Spouse, Surviving, Decedent, and Remains http://law.jrank.org/pages/5774/Corpse-Burial-Rights.html#ixzz1560rr9aw​

But, had Casey ever divulged who the father of Caylee was (IF living), I believe she would not have been allowed the option of who Caylee's remains went to...as the next of kin would be the father.

 

[SherlockHomey]

Do we know that Adam is legally divorced?

I would like to know if Adam is really the legal custodian and if so, did he take her out of Australia illegally, as in kidnapping?

 

[BritsKate]

I would like to know if Adam is really the legal custodian and if so, did he take her out of Australia illegally, as in kidnapping?

According to statements made by Emily on the Hinkymeter it seems they had joint custody with AB being granted physical placement and Emily awarded visitation. (Link below)

In my opinion, if that is accurate (I believe it is) he most certainly removed Zahra from Oz illegally. According to the Austalian Federal Police Family Law Kit and the Family Law Act of 1975 he was obligated to inform Emily of Zahra's relocation prior to moving. If Emily had objected to the move AB would have had to petition the court for a consent order to remove her. The court then would have made a determination based on Zahra's best interests.

Emily has made comments on Hinky as well that AB only provided the PIA (passport issuing agency) with her maiden last name so when they searched for her she could not be located...if true, obviously, he obtained Zahra's passport fraudulently. There is an immigration thread where a few of us have been discussing this, just an FYI. FWIW and JMHO

http://www.thehinkymeter.com/2010/10/27/zahra-baker-case-why-is-the-mattress-important/

 

[mikeysmommom]

As mentioned above, until he is convicted Adam is next of kin.
He has been the custodial parent for years.

That doesn't mean there can't be a legal battle, but he is the next of kin.
I would assume he will be arrested before then and he will release the remain to his mother or to biomom. There is really no reason for him not to.

But you can't withhold them after the medical/legal exams are done. Think of the recent Riley Fox case where the father was suspected/arrested and exonerated. It would only have been compounded if they had withheld the remains of the child on top of it. Even if charged, he is not convicted of anything.

I have mentioned in other cases my MIL was brutally beaten to death during a divorce battle. Her husband was the one and only suspect (though NEVER charged), but with divorce proceedings and restraining orders in place at the time of her death he was next of kin and 100% in control of her remains. 100% no questions asked. He was her husband. Suspect, divorce proceeding, and restraining order and we had to ASK for his permission to retrieve her body from the morgue to bury her. If he had said no and left her that was up to him.

That must have been horrible for your family.It just does not seem right that a murder suspect has so much power.I am very sorry he was never charged but one day he will have to answer to God for what he has done.

 

[Carolina Girl]

Do we know that Adam and Emily were ever married? Divorced? IMO, if they had joint custody and he kept moving to keep her from seeing Zahra, he had her here illegally and that would be a very good reason to try to hide the body. KWIM?

 

[simlyme]

Is there still a question here that AB has nothing to do with Zahras murder?
If not murder lets take it further, how about allowing the gruesome abuse he admitted to( His sign on the truck he drove) .
I cant imagine he would get any part of Zahras remains, he showed he didnt want her when she was alive, why would he fight to get them now.
Going there now makes me sick on my stomach.

 

[impatientredhead]

That must have been horrible for your family.It just does not seem right that a murder suspect has so much power.I am very sorry he was never charged but one day he will have to answer to God for what he has done.

Thank you.

Being a suspect does not strip you of your legal standing or rights.
For the people who are unfairly suspected and accused it is the way it should be. When it is another thing guilty people use to abuse those around them it does make you question it in the moment, but even having been there and done that, you shouldn't have your rights stripped by virtue of being a suspect.

I doubt Adam will do anything to prevent Z's remains being returned to her mother and taken home for burial. He didn't care about her when she was alive and he doesn't seem to have cause to torment his ex, so I don't know what the motivations would be to withhold them.

 

[bellyup]

Is there still a question here that AB has nothing to do with Zahras murder?
If not murder lets take it further, how about allowing the gruesome abuse he admitted to( His sign on the truck he drove) .
I cant imagine he would get any part of Zahras remains, he showed he didnt want her when she was alive, why would he fight to get them now.
Going there now makes me sick on my stomach.

I don't think you can take the sign on the truck he was driving as an admission of anything That doesn't mean the truck was HIS. He likely borrowed it from someone ( I know who). That someone could just have an axe to grind with EB and wants to throw her under the bus.

I also do not think the sign said anything about "gruesome abuse". I think it said "daily abuse" didn't it ?

 

[simlyme]

I don't think you can take the sign on the truck he was driving as an admission of anything That doesn't mean the truck was HIS. He likely borrowed it from someone ( I know who). That someone could just have an axe to grind with EB and wants to throw her under the bus.

I also do not think the sign said anything about "gruesome abuse". I think it said "daily abuse" didn't it ?

I do take it as an admission, he got into the truck, he could have removed it, I didnt say the sign said gruesome, I say its gruesome, any type of abuse to a child to me is gruesome.
Anyway, no matter which way anyone wants to look at it, to me hes a cold, evil, less than human individual that should be gruesomly put to death.My very own humble opinion, along with alot of anger and fed up with these people.

 

[Mrs G Norris]

The sign on the truck is a paper flyer and could be easily removed...it says that Zahra is missing and her step-mother abused her every day....why would he drive with a sign that says EB abused her every day? IMO because that puts the blame squarely on her shoulders.

Unfortunately for him, he lived with both of them every day too, so if Zahra was being abused daily, then he was there for it, this is the admittance in the sign. I guess he isn't aware of how that makes him look.

Like he stood by and did nothing while this daily abuse went on IMO.

 

[tlcya]

yet another thing that tells me he aint the sharpest tool in the shed. All MOO. I think Ab is very passive where strong, powerful, take charge women are concerned in RL. I think he is something else entirely in his alternate reality. I think those two worlds collided and he was told to "man up" by someone whose opinon mattered. This is just my own.

ETA and I didn't have to enter any VWs to come to this conclusion. This is all my own belief based on my own personal experiences in RL.

ET also A I am so sorry for typos. I am slightly tipsy at this point in the evening.

Love and light and hugs to all of you have been so invested in this case.

I swear on all things sacred, this is the last ETA

I think Ab is equally culpible, no matter what happened, when or how. This was his precious baby girl, a piece of him, he should have been moving heaven and earth to set the stars and the moon in the sky for this child

 

[Mrs G Norris]

Posting tipsy Ticox? Well I never! And I can't believe he let his precious daughter get treated anything less than divinely either....I would love to know more about his past before he met Elisa....

 

[maconrich]

In my state, I'm not from NC, the requirement is for a cremation all next of kin must sign.
For burial any of the next of kin can approve of the disposition. The reason for this is if one party suddenly objects you can exume. A cremation cannot be undone.

It's the same in NC re cremation.