Slain N.D. dentist’s brother plans to seek girl’s custody
BY DAVE ROEPKE
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Published: November 4, 2009
FARGO, N.D. — Philip Gattuso’s family is asking North Dakota authorities to take custody of the slain Fargo dentist’s 3-year-old daughter. They are worried about her staying with an aunt whose father has been charged in the death of Gattuso.
Philip Gattuso’s brother, Roy Gattuso, said they are frightened that the girl, Kennedy Gattuso, is still with his late wife’s sister, Regan Williams. Gene Kirkpatrick, Gattuso’s father-in-law and Williams’ father, was charged Tuesday in Fargo with conspiring to murder Gattuso, hiring a hitman to kill the 49-year-old dentist and former Oklahoma City resident. In Oklahoma, Williams is seeking emergency custody of Kennedy, Roy Gattuso said, though he’s not been able to obtain court records detailing the petition. The legal move requires arguing that there are special circumstances that warrant it, he said. "It’s a horrible situation,” he said. "I cannot believe that Regan’s attorney is proceeding in this direction. I can’t believe any court would allow this to continue the way it is under the facts that exist.” Williams’ attorney, Chris Deason, did not return a telephone message Tuesday, and Williams didn’t answer her phone. Asked if he believes there has been much interaction between Kirkpatrick and Williams, Roy Gattuso said Williams drove to Fargo with the Kirkpatricks after the dentist’s slaying. Roy Gattuso said officials in Cass County are looking into the custody matter and have not told him how they plan to respond. Cass County State’s Attorney Birch Burdick said Tuesday he’s not aware of any custody proceedings in Cass County concerning Kennedy Gattuso but added that they would not be made public if they did take place. Fargo police have said they think the girl is safe with Williams. The Kirkpatrick family hadn’t been pleased with the victim’s care of his child since his wife’s death in March, Gene Kirkpatrick told a Fargo detective. There is no guardian for Kennedy named in Philip Gattuso’s will, his brother said. Roy Gattuso said he will seek permanent custody of Kennedy when a court makes that determination, which family law attorneys say would be the eventual way to settle the custody case. Jason McLean, a Fargo attorney who specializes in family law, said he would not be surprised to see the state take temporary custody of the orphaned girl. "Given what’s gone on, I think there’s probably a vested interest of the state to make sure everybody’s on the up and up,” he said. McLean and Deborah E. Fortune, an Oklahoma City family law attorney, both said based on what they know about the case, North Dakota courts would make the call on permanent custody. Laws in both states call for courts in the state where the child has lived for the previous six months to determine custody. Fortune said figuring out which of two vying family members gets custody of an orphaned child is likely to hinge on which residence is thought to be better for the child, a balancing act that relies heavily on the child’s comfort in a home and existing relationships. "That is not necessarily an economic test,” she said. "You stack up the contacts like bricks. Which side is heavier is going to win.” In a case like Kennedy Gattuso’s, where a member of one side of the family is facing criminal allegations, it would need to be clear there’s little connection between the accused and the guardian, Fortune said. Whatever happens might be difficult to assess, McLean said. Custody cases are not open to the public. "We may not know a lot about it moving forward,” he said. "My guess is they’d be done very quietly.”
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But since you know the family, maybe you have an insight into who all was in on the plan to bring custody to the Kirkpatrick/ Williams family by any means necessary? Please enlighten us!
Anyone down there know who else of the family was in on the ultimate plot to obtain custody of Kennedy?