Michigan mother asks judge to declare 3 missing sons dead nearly 15 years later
Legal Compliance
A Michigan woman is asking a judge to declare her three missing sons dead, nearly 15 years after their father didn’t return them after Thanksgiving. The disappearance has tormented a small town near Ohio and remains unsolved.
Authorities believe the brothers are deceased and they clearly suspect John Skelton is responsible, though he has not been charged with killing his sons. By November, he is expected to complete a 15-year prison sentence for his failure to give the boys back to Tanya Zuvers, the sole conviction in the saga.
A Lenawee County judge will begin hearing testimony Monday at an unusual hearing. The witness list includes Zuvers, as well as police investigators who will publicly discuss the yearslong effort to find any trace of Andrew, Alexander and Tanner Skelton.
Since November 2010, Zuvers has prayed someone “would cure her broken heart” with news about their whereabouts or that John Skelton would explain what really happened, attorney R. Burke Castleberry said in a court filing.
“Heartbreakingly, none of that has occurred,” he wrote.
Nathan Piwowarski, a lawyer in Cadillac, Michigan, who specializes in probate and estate law, said there can be many reasons to have someone declared dead, including “personal closure for the family.”
A court declaration also could “give someone authority to pursue a wrongful death claim or other civil claim,” said Piwowarski, who is not involved in the case.
Castleberry declined to comment ahead of the hearing. Skelton, 53, did not respond to an email sent to him in prison about the petition filed by Zuvers.
The brothers, ages 9, 7 and 5, lived in Morenci, a small community next to the Ohio border, 100 miles (161 kilometers) southwest of Detroit. Zuvers was seeking a divorce from Skelton in fall 2010 and the boys were with him, a few doors away, on Thanksgiving.
They were supposed to return to Zuvers the next morning. Instead, they were gone. Police later determined Skelton’s phone was in Ohio at 4:30 a.m. before it was turned off and then turned back on at 6 a.m. in Morenci.
Skelton denied harming his sons and said they were with an underground group for their safety, among other murky explanations, according to investigators.
People spent weeks searching woods and waters in Michigan and Ohio. While in prison, Skelton told authorities that a man who helps people leave Amish communities might know about the boys, but Castleberry said it was “another lie.”
Investigators at the court hearing “will detail the farfetched, unfathomable yarns John Skelton spun, leading authorities on one wild goose chase after another,” Castleberry said.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.