Found Deceased MN - Madeline Jane Kingsbury, 26, mother of 2, Winona, 31 Mar 2023 *arrest* #2

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cheko1 said:
Here is the Video! They mention illegal activity.....
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This is the first I have heard of some illegal activity taking place by Adam in front of his children. And that because of this, his "connection" to the children was ended. As far as I know records indicate there are not records indicating that anything was ever filed by either parent. No ROP. Not sure where the Youtuber got that information. Just sayin.
 
momsof3 said:
The issue of why CPS was allowed to initially take custody keeps coming up. I'm an attorney so I'm going to take a crack at explaining it as It is 100% a legal issue not a fitness as a parent issue or biological parent issue (until Adam filed for custody, then the issue of fitness/DNA comes in).

Family law from state to state varies tremendously (see my last paragraph as to why I know a bit about family law). Minnesota has a provision that I have never seen in any state. When a couple is married, the husband is the legal father (until proven otherwise, i.e. a DNA test). When the couple is unmarried, there is NO legal father and unmarried fathers must first establish paternity, also referred to as parentage, before being considered a child's legal father.

We can have our opinions about whether this is right or wrong but that is the law. Because Adam did not establish paternity, he had no legal rights as a parent. He is not on the birth certificate. Because he had no legal rights the only one with legal rights was the mother Madeline. In other words, in MN, because there was not establishment of parentage by Adam, once Madeline was missing the kids were, legally, orphans. Which made CPS the legal guardians of these children. That does not mean that Adam could not file for paternity or parentage but now the hill is much steeper because he has to prove he is a fit father whereas before, he could have signed a piece of paper and he would have had custody and the state would have to prove he is unfit.

I'm not sure why he didn't do this. I was in a similar situation over a decade ago - no legal rights to my children. Within days of their births I filed for second parent adoption to establish my parentage because my wife and I wanted to make sure that a situation such as this did not happen - death or incapacity of the only legal parent resulting in the other parent having no legal rights. I am in a same-sex couple. I adopted the two children my wife had and she adopted the child I had (this was pre-legalization of same-sex marriage). As for how much family law varies - the first two adoptions were in California. The adoptions were so easy that I did them myself without an outside attorney. The third adoption, in New Jersey, was so complicated and required an explicit waiver of parental rights from the bio-father/sperm donor, that we had to hire an attorney even though I am an attorney.

Sorry for the long post - I hope it helps in understanding! MN is an outlier on the parentage issue.
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Thank you, very well said! I hope everyone reads this.
 
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WINONA, Minn. — Caring for her two children. Cuddling with her cat. Making funny faces in the mirror. Wearing her outfit of the day. Meeting with friends at restaurants. These simple moments of life show Madeline Kingsbury’s quirky, fearless and caring personality.

“How do you begin to describe this feeling of just being suspended in time when the world continues to go on around you, how do you put your heart on paper?” said Megan Kingsbury, Madeline Kingsbury’s older sister. Madeline has been missing from her Winona home since March 31.

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Expressing thanks for people’s outpouring of support, Megan Kingsbury shared her heart for her younger sister and pieces of Madeline’s life.

“The efforts that have gone into locating her have been astounding and will not stop until they bring her home. Let us not lose momentum. Let us not lose hope,” Megan Kingsbury said. “We will keep a light shining for Madeline to light the way home to us.”

Madeline is quick to lend an ear, a shoulder to cry on and always offers a safe place, Megan Kingsbury said. She loves the purpose of being a mother to her two children. And “we’re lucky to have her in our family,” Megan shared.

“Although we do not know Maddi’s whereabouts, we’re still grieving the time we are missing with her,” Kolka said. She is one of the Phi Theta Chi sorority sisters from Winona State.

While living through the “nightmare” of these 36 days, the sorority sisters also coordinate searches and communicate with people from around the state and country on the Finding Madeline Kingsbury group on Facebook. Hailey Scott, another close friend, said Madeline helped carry her through her most difficult times. She added that Madeline would tirelessly search for her friends if the situation were reversed.

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“Take what you’ve heard about Madeline tonight as a call to arms,” David Kingsbury said. “When you leave here tonight, you should be thinking, ‘Not here. Not in our town. Not in our county. And not in our state.’ Someone knows something, someone saw something. Make this your battle cry: Where’s Madeline? Where is she? Make it loud and don’t stop until she’s home.”

www.postbulletin.com

'We will keep a light shining': Winona community shares support in the persistent search for Madeline Kingsbury

After a difficult 36 days, community members, family and friends paused to carry a light of hope, peace, and strength during a candlelight vigil on Friday.
www.postbulletin.com www.postbulletin.com
 
momsof3 said:
The issue of why CPS was allowed to initially take custody keeps coming up. I'm an attorney so I'm going to take a crack at explaining it as It is 100% a legal issue not a fitness as a parent issue or biological parent issue (until Adam filed for custody, then the issue of fitness/DNA comes in).

Family law from state to state varies tremendously (see my last paragraph as to why I know a bit about family law). Minnesota has a provision that I have never seen in any state. When a couple is married, the husband is the legal father (until proven otherwise, i.e. a DNA test). When the couple is unmarried, there is NO legal father and unmarried fathers must first establish paternity, also referred to as parentage, before being considered a child's legal father.

We can have our opinions about whether this is right or wrong but that is the law. Because Adam did not establish paternity, he had no legal rights as a parent. He is not on the birth certificate. Because he had no legal rights the only one with legal rights was the mother Madeline. In other words, in MN, because there was not establishment of parentage by Adam, once Madeline was missing the kids were, legally, orphans. Which made CPS the legal guardians of these children. That does not mean that Adam could not file for paternity or parentage but now the hill is much steeper because he has to prove he is a fit father whereas before, he could have signed a piece of paper and he would have had custody and the state would have to prove he is unfit.

I'm not sure why he didn't do this. I was in a similar situation over a decade ago - no legal rights to my children. Within days of their births I filed for second parent adoption to establish my parentage because my wife and I wanted to make sure that a situation such as this did not happen - death or incapacity of the only legal parent resulting in the other parent having no legal rights. I am in a same-sex couple. I adopted the two children my wife had and she adopted the child I had (this was pre-legalization of same-sex marriage). As for how much family law varies - the first two adoptions were in California. The adoptions were so easy that I did them myself without an outside attorney. The third adoption, in New Jersey, was so complicated and required an explicit waiver of parental rights from the bio-father/sperm donor, that we had to hire an attorney even though I am an attorney.

Sorry for the long post - I hope it helps in understanding! MN is an outlier on the parentage issue.
Click to expand...
Oh my! Very interesting!
 
SimplyCass said:
From what the news articles have said, MN put in a 72-hour hold to encourage the two sides (Maddie's family and AF) to work out an arrangement. That didn't happen, so MN removed the kids from AF's parents' house. If the parents aren't married, the custody is with the mother, by default, and her whereabouts are unknown. At least that's how i understand the situation.
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Thank you. Agree
 
Agreed on the lack of information. For awhile I thought there must be leaked info because there was a rush of commentary on WS to the effect of "I know today is the day." That was at least a week ago and, obviously, none of those days were THE day. <modsnip> IMO
 
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www.facebook.com

Finding Madeline Kingsbury | Winona MN

Finding Madeline Kingsbury, Winona, Minnesota. 18,171 likes · 5 talking about this. This page was created to provide accurate information on the disappearance of Madeline Kingsbury.
www.facebook.com www.facebook.com

Finding Madeline Kingsbury​

A lovely memory that highlights Madeline’s incredible character. Madeline encompasses every bit of good in the world. We miss her and need her to come home.
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“One day, perhaps last summer, or maybe the one before, Madeline and I were talking while standing in my driveway. It was a beautiful day. My house is a couple of houses in from the corner. Kitty corner from us and across the road there was a sudden commotion. A big dog was running down the other side of the street and towards a street with a lot of traffic. Close behind was a little boy about 9 or 10 who was crying his heart out and with tears running down his face was trying to catch the family pet who had bolted out the door and took off. Before I could react Madeline was gone like a shot and ran at least half a block to catch that dog. She brought the wayward pooch back to the little boy, comforted him, and walked them back down the street back to his house. Today, that’s what I was thinking of when I thought about my sweet girl.”- Madeline’s Father
#MissingMaddiJane
 
cheko1 said:
The river has went down now, I had hoped she might be found. Where are you Maddi???
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I don’t know if anyone else is thinking about this, but I’m wondering if the lab results are still processing? I recall someone said it’s taking approximately 45+ days, if that’s true, Monday, May 15 is the 45th day and could it possibly be the day for results to be released to LE? I’m likely overthinking this, but I’m holding out hope we will hear something next week. All of this is MOO..
 
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WINONA, Minn. (FOX 9) - Search efforts to find missing Winona mother Madeline Kingsbury have continued this week, with boat crews combing the Mississippi River Thursday.

Crews worked throughout the day looking for Kingsbury. Wednesday, kayak teams also searched the Root River, in addition to shoreline search efforts. Searches Thursday wrapped up by late afternoon.

A Minnesota BCA spokesperson says there are continuing "daily targeted" law enforcement searches at multiple locations for Kingsbury.

www.fox9.com

Missing Madeline Kingsbury: Crews search rivers near Winona

Search efforts to find missing Winona mother Madeline Kingsbury have continued this week, with boat crews combing the Mississippi River Thursday.
www.fox9.com www.fox9.com
 
WINONA, Minn. (KTTC) – The search for missing Winona woman continues after more than 40 days, and many questions are still unanswered after she was last seen dropping her kids off at daycare Friday, March 31.

“She’s gone, and no one knows what happened,” close friend Holly Stamschor said.

Stamschor has been one of Madeline’s closest friends since college.

“I don’t know, we just fell in love, we immediately just clicked and ever since then we have been extremely close,” Stamschor explained.

The pair went from knowing every detail about each other’s lives, to Stamschor having no clue what happened to Madeline.

“Everyone loved her, it’s not one of those cases where anyone had something against her, everyone seriously loved this woman, she did no wrong,” Stamschor said.

Stamschor explained the way Madeline went missing is bizarre.

“I’m at a complete loss, I don’t know what to think or believe,” Stamschor said. “I didn’t think it was real, I was like okay, she just took off, maybe her phone died which is normal, and then it kind of set in that Sunday that we did our first kind of impromptu search.”

www.kttc.com

Close friend of missing Winona woman gives update on search

The pair went from knowing every detail about each other’s lives, to Stamschor having no clue what happened to Madeline.
www.kttc.com www.kttc.com
 
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