Attorney's guardianship, custody strategy worked
Family law
attorney Renee Tegel executed an effective legal maneuver for her client,
Arthur Scavone, in winning him custody of his grandchild, the son of
murdered Sterling Heights woman Jennifer Scavone.
Grandparents on
both sides pursued custody of Jennifer’s then 11-year-old son after
she was found shot to death Feb. 9 in her running vehicle along a Detroit
freeway.
Temporary
guardianship was immediately granted to Keven Finley, Jennifer’s live-in
boyfriend who has a child with Jennifer. Tegel quickly filed for Arthur’s
guardianship, and it was granted in March by Macomb Probate Court
Judge Carl Marlinga.
But guardianship
can be attacked and challenged by other parties, so Tegel's ultimate goal for
Arthur Scavone was full custody. It provides stronger legal protection.
The fraternal grandparents dropped from the picture, probably
because they knew they didn’t have legal standing over their son, Josef
Zbercot, who also filed for custody. But
severely damaging Zbercot’s case was his conviction for molesting a minor
relative last summer while staying in a motel in Sandusky, Ohio, during a Cedar
Point trip.
Circuit Court
Judge Kathryn Viviano also included Arthur Scavone's guardianship among other factors in awarding custody to him. Scavone during his guardianship also had provided a loving, stable environment for the boy.
It was the right ruling despite its uniqueness because a grandfather gained custody
over a natural father.
Viviano left the
door open for Zbercot, who lives with his parents in Roseville, to possibly
gain custody or at least parenting time, which the judge suspended, sometime in
the future if he deals with some personal issues.
Although Arthur
Scavone probably would have won custody anyway, gaining the guardianship first
certainly helped.
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