Who will get Zahra's remains?

[passionflower]

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???

 

[panthera]

Biological mother, imo.

 

[Hamsterdance]

I have no idea of the law, but I feel that Zahra's mom should be the only choice. If AB had full custody of her, then she may have a fight on her hands, especially with KB. I feel that KB is equally responsible for keeping Zahra away from ED, and since she cared for her while she lived in Australia, she'll use that as leverage to try and control where Zahra's remians end up. I hope and pray that the courts prevail for Zahra's biological mother, to be reunited with her daughter once and for all. Giving Zahra's remains to AB's mom would just be further hurt, and it is apparent that ED and Zahra have suffered enough. IMO, MOO, JMHO etc.

 

[w1df10wr]

Hopefully, Z's bio mum since she has been identified.

 

[impatientredhead]

Unless her bio mom has had her rights terminated by a court she is next of kin.

 

[dar107]

Hopefully the Biological mom would have next of kin rights when AB gets arrested.

 

[westsidefox64]

I would assume ED would get them. In any case I would hope she and KB could come together and show thier combined love for Zahra. Id hate to see the people Zahra loved the most send her to her final resting place amid a fight. Sweet baby deserves to be where the people who love her most would be able to visit her grave in a peaceful manner. JMO

 

[Kimster]

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.

 

[carbuff]

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.

Yes, that would be the case in Massachusetts too. They only recently (last month?) changed the law to terminate the accused person's rights in this case after a man accused of murdering his wife refused to release her remains to her family.

 

[vjlaw]

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.

Caylee had no other parent in the picture though. It almost sounded to me like ED thought she may get the remains since she said something about so they could put her together. jmo

 

[panthera]

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.

In her case though there wasn't any known biological father of Caylee. So it would be a good question for someone familiar with NC law. MOO

 

[tlcya]

yeah, that was disturbing then Kimster, and would be equally disturbing if it happened in this case.

 

[thisjusthurtsmyheart]

I would like to think that they bio parents would be able to have the remains of the child. And if there was no parents then it would go down the line to the GM or GP on both sides. I do not believe that there would even be an issue if/when the parent was deemed unfit. It boils down to next of kin. If bio mom fights for her remains then she will most likely get them. Especially with AB most likely going away for an awful long time(At least I hope they both do). Also, with the publicity that this case has garnered it would be really difficult for me to think that any judge would not give this poor devastated woman back what is left of her darling girl. I just can not see it. JMHO

 

[carbuff]

I would like to think that they bio parents would be able to have the remains of the child. And if there was no parents then it would go down the line to the GM or GP on both sides. I do not believe that there would even be an issue if/when the parent was deemed unfit. It boils down to next of kin. If bio mom fights for her remains then she will most likely get them. Especially with AB most likely going away for an awful long time(At least I hope they both do). Also, with the publicity that this case has garnered it would be really difficult for me to think that any judge would not give this poor devastated woman back what is left of her darling girl. I just can not see it. JMHO

That's the logical position, certainly, but most states have specific laws relating to who has control of a person's remains, and it's not always the logical or obvious person. I'm not going to presume to speculate on North Carolina's laws; hopefully it will be as you say.

 

[tlcya]

I would like to think that they bio parents would be able to have the remains of the child. And if there was no parents then it would go down the line to the GM or GP on both sides. I do not believe that there would even be an issue if/when the parent was deemed unfit. It boils down to next of kin. If bio mom fights for her remains then she will most likely get them. Especially with AB most likely going away for an awful long time(At least I hope they both do). Also, with the publicity that this case has garnered it would be really difficult for me to think that any judge would not give this poor devastated woman back what is left of her darling girl. I just can not see it. JMHO

As far as I know mom didn't relinguish all rights to Zahra while living so I doubt her rights under the law to her remains. I would at least sincerly hope. I do not know anything about the laws and which laws would apply? American? Ausstralian? Zahra was an Australian citizen - what does that mean in this case?

I sure hope one of our legal eagles can answer this one for me.

ETA I agree with your reasoning but know nothing of Australian law of if it would be applied? kwim?

 

[Moonlit]

It was mentioned at the end of the interview with ED. It said something to the effect of her fighting for custody of Zahra for the last 9 years and now she will likely get it, even if only custody of her body.

 

[Wise Old Owl]

IMO ED will get Zahra's remains. For a couple of reasons:

1) she is the biological mother and was still paying child support (which to me shows that her parental rights were never terminated - she even stated that AB had CUSTODY but she had visitation rights. She just couldn't find him and everytime she did - he would move.

2) Zahra is an Australian citizen and so is ED - I don't think NC law will be brought into play over this problem. It might take the Australian embassy to step in - but I doubt it.
Even if they do - Hilary Clinton is Sec of State, so she would speak for the US and I don't see her hampering or hindering in any way that this mother take her child's remains back to Australia - in fact, she would probably help in any way she could.

But all that is JMO.

 

[tlcya]

IMO ED will get Zahra's remains. For a couple of reasons:

1) she is the biological mother and was still paying child support (which to me shows that her parental rights were never terminated - she even stated that AB had CUSTODY but she had visitation rights. She just couldn't find him and everytime she did - he would move.

2) Zahra is an Australian citizen and so is ED - I don't think NC law will be brought into play over this problem. It might take the Australian embassy to step in - but I doubt it.
Even if they do - Hilary Clinton is Sec of State, so she would speak for the US and I don't see her hampering or hindering in any way that this mother take her child's remains back to Australia - in fact, she would probably help in any way she could.
!
But all that is JMO.

My Hope and my prayer

 

[Patty G]

According to Emily's posts on HM, Emily received "joint custody" on July 9, 2001.

after a lot of searching, and legal advice, I managed to track down Adam and get custody papers drawn up and put through the courts, which were finalised 9th July 2001. These stated that Zahra was to reside with Adam in Newcastle (7hrs from me) but was basically “joint custody”. I was to have her school holidays, anytime throughout the year in 4 day blocks etc, and we were to (and I quote the custody papers) “have joint responsibility for the long term care, welfare and development of the child”. I got to see her once, and he disappeared again.

http://www.thehinkymeter.com

 

[BritsKate]

Emily really, really needs to get into court and file a modification for custody, ex parte, as well as petition for a recovery order...if she hasn't already done so to protect herself and Zahra legally. If she can gain sole custody she will be the next of kin. (I don't believe she'll have any problem getting it considering he removed her in violation of the order Emily says she has. JMO)

I'm not an attorney but I've done hours and hours of research into Australian laws regarding custody, immigration, and passports since this case has come to light. My impression is that NC law would apply here. I could well be wrong though.

http://www.smartraveller.gov.au/tips/death_overseas.html