A Chicago judge ordered New York Knicks’ player Eddy Curry to appear in court next week in an unusual child custody case. At issue in the case is the custody of Curry’s three year old son, Noah. Noah’s mother, Nova Henry, was found murdered on January 24. Also dead was Henry’s and Curry’s 10 month old daughter, Ava.

Nova Henry’s ex-boyfriend Frederick Goings has been charged with the murders. Noah was present during the murders and was found alone with the bodies of his mother and sister hours later. In an unusual twist, Goings had been Henry’s family law attorney in her paternity case against Curry regarding Noah.

Since the murders, Noah has lived with his maternal grandmother. Curry, a former Chicago Bulls player, apparently lives in New York with his wife Patrice and their four children: Eddy III, 6, Reign, 5, Reigan, 3 and Reiganna, 2. (Seriously, people – these celebrities have got to give me a break with the strange names…)

Based on a review of the court records, it appears that Henry and Curry had ongoing litigation over Noah for most of his three years. It is unclear whether that related to paternity, custody, visitation or child support or some combination of those issues. News reports indicate that they had signed an agreement in November 2008 which would give Curry custody of Noah if Henry were to pass away.

In September 2008, Henry filed a paternity suit against Curry regarding Ava. Curry had previously denied fathering the baby but DNA tests indicated that he was, in fact, her father. He was ordered to pay child support for her beginning in November 2008.

Henry’s mother is now seeking custody of Noah, at least until the end of the NBA season. News reports are conflicting as to whether she wants permanent custody of the child. Her attorney did argue against turning the boy over to Curry, suggesting that it would tantamount to giving him to strangers as Curry had only seen him twice in three years.

If mother and father share joint legal custody of a child, the child will usually go to the surviving parent if the parent with primary physical custody passes away. For a grandparent to get permanent custody or even court-ordered visitation with a grandchild would require some fairly complicated litigation, if contested. It will be interesting to watch this unfold from a legal perspective.

Also See:

• Paternity Suits and Pro Athletes: The List