Judge gives Minn. shooter’s parents temporary child custody

Published 12:38 pm Wednesday, March 30, 2011

An Otter Tail County judge has given Darrin and Catherine Cox temporary custody of Emma Lee Cox. Emma is the infant daughter of Tabitha Belmonte and Dylan Cox, both of whom died in a homicide-suicide last week in Amor.

In a court order dated Tuesday, Judge Waldemar Senyk awarded the Coxes, Dylan’s parents, temporary custody of Emma on the grounds that the Coxes have been Emma’s primary caretakers since she was born in August 2010. Emma has resided in the Cox home since shortly after her birth, and Belmonte signed a designated caretaker agreement in December 2010, which made the Coxes Emma’s designated caretakers for a year in case something should happen to Belmonte.

Belmonte’s mother, Bobbi Teeple, is also seeking custody of Emma.

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The Coxes have another court date on April 15, when they will petition to continue their temporary guardianship of Emma while a custody evaluation is done. The custody evaluator is usually a party agreed upon by both parties seeking custody.

In the court order, Senyk stated that Emma would for now be better served staying with the Coxes, who will provide a stable and familiar environment and who are familiar to Emma, as they have interacted with her on a regular basis since her birth.

In an affidavit filed with the court in connection with the child custody case, Catherine Cox said that Belmonte had become like a daughter to her and Darrin. Emma is covered under the Cox’s health insurance plan, and the couple was in the process of trying to get Belmonte insured.

On the other hand, Cox’s affidavit said, Teeple is often travels away from her home in Dent, and is not capable of providing enough stability for Emma. In fact, the affidavit stated, Teeple had only seen Emma one time since she was born, for about 22 minutes in mid-December.