Mother has custody until court says otherwise

There is an ongoing feud between relatives on the side of eight-year-old Mukeisha Maynard’s mother and relatives on the side of Mukeisha’s father over who should have custody of her brother. This after Mukeisha was beaten to death by her father Michael Maynard who later took his own life at their Kelly Village, Caroni home.

At Mukeisha’s funeral at Simpson’s Funeral Chapel in Laventille last Monday, her brother arrived with his father’s relatives but only he was allowed inside the chapel. No other relative on Michael’s side of the family was allowed in for the funeral. Michael’s relatives tried to take him after the service but his mother Maysonia Thomas refused, saying she will not leave her son with relatives of the man who killed her daughter.The little boy began to cry and was then placed in a car and left with his mother in the end.

The Fam­i­ly Law Act Chap. 46:08 defines custody as “the right to possession and care of a minor.” As the mother of the child, Thomas has legal custody of Mukeisha’s brother, but if Maynard’s relatives decide to apply for his custody, this can change based on what the court rules.

The Act states that “strangers” can also apply for custody of a minor. It defines a stranger as anyone other than the child’s biological parents who, in the court’s opinion, has “sufficient interest” in the child. This may include aunts, uncles, grandparents, family friends, etc. Speaking with Newsday on Thursday morning, former Children’s Authority (CA) chairman Diana Mahabir-Wyatt said this case may not be as simple as giving the child to the mother.

“Usually, the next parent has the right to stay with the child, but one of the things that is paramount with rights of the child is in the best interest of the child and what the child wants,” Mahabir-Wyatt said. If Maynard’s relatives are granted a court order, both families including the child, will be interviewed. In addition, the living condition of each family will be reviewed, among other things including economic stability, the mental health of the person seeking custody and previous treatment of the child under their care. The child’s preference will also be taken into consideration.

Asked if there are cases where a child may prefer to live with one person but the court still refused, Mahabir-Wyatt said yes. “For example, if the person the child wants to stay with is a drug addict or runs a brothel...” Asked what role the CA plays in such a scenario, she said, “It does not have the power to just grab the child and take it away. They can ask the police to do that.”

Also, in the Family Law Act, under section 30 – misapplying monies or ill treating a minor are the consequences a custodian can face if they are negligent. It says a custodian “who misapplies moneys paid for the support of the minor, or who withholds proper nourishment from the minor, or who in any manner ill-treats the minor” is liable to a fine of $1,000 or to two months in prison.

Family attorney Lynette Seebaran-Suite told Newsday the time taken for an order of custody to be processed may vary based on the level in which it is filed. “If it is filed in the Lower Jurisdiction, they may get a quick date, but if it is filed in the Higher Jurisdiction, it can take two or three months before they get a first date.” She added, “Legally, the father having died, the mother has legal custody of the child until the court pronounces otherwise.

“In the absence of any previous court order, the only way to resolve this is via the court.”

Newsday tried to contact Thomas but all calls went unanswered. Relatives of Maynard later told Newsday they have not had contact with Thomas or her son since Mukeisha’s funeral and are worried as no one knows where they are. While Thomas is not breaking any laws via this action, Maynard’s family believes there should at least be communication between both sides. Thomas is a mother of seven of which two are from Maynard.