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

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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.

Thank you so much for this explanation. It helps greatly to understand more of the Minnesota terrain.
 
"Due to some unforeseen circumstances we will NOT be hosting a search this weekend."


Weather forecast for Winona shows a chance of showers but nothing that I can imagine would call off a search.
 
"Due to some unforeseen circumstances we will NOT be hosting a search this weekend."


Weather forecast for Winona shows a chance of showers but nothing that I can imagine would call off a search.
 
"Due to some unforeseen circumstances we will NOT be hosting a search this weekend."


Weather forecast for Winona shows a chance of showers but nothing that I can imagine would call off a search.
 
"Due to some unforeseen circumstances we will NOT be hosting a search this weekend."

This may be a good sign! Why if LE is closer to making an arrest would they waste time with a search??? I actually was waiting for something like this to finally come to either slow down the searches or cancel them. I'm really waiting for an announcement that they are ready to arrest someone or that they ...like BK... have raided someplace and made the arrest. it will come.
 
This may be a good sign! Why if LE is closer to making an arrest would they waste time with a search??? I actually was waiting for something like this to finally come to either slow down the searches or cancel them. I'm really waiting for an announcement that they are ready to arrest someone or that they ...like BK... have raided someplace and made the arrest. it will come.
I really hope so rescuemom!! We have all been waiting for a breakthrough. I do not want to imagine that whoever is responsible will get away with this. Their time will come.
 
This may be a good sign! Why if LE is closer to making an arrest would they waste time with a search??? I actually was waiting for something like this to finally come to either slow down the searches or cancel them. I'm really waiting for an announcement that they are ready to arrest someone or that they ...like BK... have raided someplace and made the arrest. it will come.

Even if they arrest someone, the search is meant to find Madeline. IF someone does get arrested, that doesn't mean there is no reason to search.
 
Even if they arrest someone, the search is meant to find Madeline. IF someone does get arrested, that doesn't mean there is no reason to search.
I’m not sure how to link this update-I just read on Kare11 news that the kids are being cared for by Maddie’s parents, and there’s mention of AK being being investigated in Maddie’s disappearance…I had to reread this a couple times.
 
I’m not sure how to link this update-I just read on Kare11 news that the kids are being cared for by Maddie’s parents, and there’s mention of AK being being investigated in Maddie’s disappearance…I had to reread this a couple times.

Here's the link:


WINONA, Minn. — The former partner of missing Winona woman Maddi Kingsbury was in court Monday, seeking custody of the two children they share while the investigation into her disappearance continues.
Adam Fravel was in Winona County Court seeking to get his young daughter and son back after the county took custody of them, alleging they were children in need of protective services. Today was a hearing before the actual trial in the matter, which is currently scheduled for June 6.

Fravel is listed as the children's biological father but currently has no custodial rights. The kids are currently placed with Maddi's parents while the matter is being decided.

KARE 11's Lou Raguse was the only reporter in the courtroom for the hearing and says both Fravel's legal team and attorneys for the county talked openly about "the elephant in the room," the fact Fravel is being investigated for his possible involvement in Maddi's disappearance.
 
Here's the link:


WINONA, Minn. — The former partner of missing Winona woman Maddi Kingsbury was in court Monday, seeking custody of the two children they share while the investigation into her disappearance continues.
Adam Fravel was in Winona County Court seeking to get his young daughter and son back after the county took custody of them, alleging they were children in need of protective services. Today was a hearing before the actual trial in the matter, which is currently scheduled for June 6.

Fravel is listed as the children's biological father but currently has no custodial rights. The kids are currently placed with Maddi's parents while the matter is being decided.

KARE 11's Lou Raguse was the only reporter in the courtroom for the hearing and says both Fravel's legal team and attorneys for the county talked openly about "the elephant in the room," the fact Fravel is being investigated for his possible involvement in Maddi's disappearance
Here's the link:


WINONA, Minn. — The former partner of missing Winona woman Maddi Kingsbury was in court Monday, seeking custody of the two children they share while the investigation into her disappearance continues.
Adam Fravel was in Winona County Court seeking to get his young daughter and son back after the county took custody of them, alleging they were children in need of protective services. Today was a hearing before the actual trial in the matter, which is currently scheduled for June 6.

Fravel is listed as the children's biological father but currently has no custodial rights. The kids are currently placed with Maddi's parents while the matter is being decided.

KARE 11's Lou Raguse was the only reporter in the courtroom for the hearing and says both Fravel's legal team and attorneys for the county talked openly about "the elephant in the room," the fact Fravel is being investigated for his possible involvement in Maddi's disappearance.
thank you
Here's the link:


WINONA, Minn. — The former partner of missing Winona woman Maddi Kingsbury was in court Monday, seeking custody of the two children they share while the investigation into her disappearance continues.
Adam Fravel was in Winona County Court seeking to get his young daughter and son back after the county took custody of them, alleging they were children in need of protective services. Today was a hearing before the actual trial in the matter, which is currently scheduled for June 6.

Fravel is listed as the children's biological father but currently has no custodial rights. The kids are currently placed with Maddi's parents while the matter is being decided.

KARE 11's Lou Raguse was the only reporter in the courtroom for the hearing and says both Fravel's legal team and attorneys for the county talked openly about "the elephant in the room," the fact Fravel is being investigated for his possible involvement in Maddi's disappearance.
Thank you
 

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