Judge: Man charged in Winona woman's death can keep pursuing custody of their kids

ROCHESTER – Adam Fravel, the ex-boyfriend accused of killing Madeline Kingsbury, can continue pursuing custody of their children while he faces criminal murder charges.

Winona County District Court Judge Mary Leahy on Wednesday ruled against a motion filed by county attorneys to stop Fravel's reunification efforts with his children. Leahy also denied a motion from the children's grandparents, David and Cathy Kingsbury, to end Fravel's visitation rights, though his visitations are suspended while he's in jail.

Fravel, 29, faces second-degree murder charges over Madeline Kingsbury's death. Kingsbury disappeared from her Winona home on March 31; a Fillmore County deputy found her body south of Winona last week.

Leahy said Winona County's motion was premature, given Fravel has yet to face criminal trial. She also criticized county attorneys for filing motions as part of a child protection case against Fravel rather than a separate family custody case.

"Your rush to judgment is misplaced in these proceedings," Leahy said.

Winona County previously reached an agreement with Fravel to end its child protection case against him in return for a petition in court admitting Kingsbury's children, ages 5 and 2, needed county protection as Kingsbury was considered missing at the time.

Kingsbury, who would have turned 27 this month, was the children's legal guardian. County officials took custody of the kids after finding out Fravel had no custodial rights to them, meaning they were without a legal decisionmaker with Kingsbury gone.

"While Mr. Fravel is in custody, it appears to be that he will be unavailable for an extended period of time," Church said. "It is in the best interest of the children that permanency is established by maintaining this case with Winona County."

Winona County placed the children with David and Cathy Kingsbury in April. Their attorney, Anna Tobia, argued in a motion earlier this week Fravel shouldn't have contact with the children given the charges against him and his initial refusal to turn the kids over to county officials.

Thomas Braun, Fravel's lawyer, argued Winona County attorneys had an "inherent conflict of interest" in prosecuting Fravel and trying to stop his custody efforts.

Braun also said the motion to end visitation rights was moot as Fravel wasn't seeking remote visits with the children while in jail, though Braun noted Fravel's visits with the children for the prior two months "by all accounts [have] gone extremely well."

Heidi Neubauer, the children's court-appointed representative, said they were doing well under David and Cathy Kingsbury's supervision and county officials are addressing their mental health needs as appropriate.