The body of Monica Beresford-Redman was discovered on April 8 in a sewer at the Moon Palace Resort in Cancun where she had been staying with her husband, television producer Bruce Beresford-Redman and their two children. Bruce had reported her missing two days before.

Mexican authorities identified Bruce as a “person of interest” in the case and seized his passport. Temporary guardianship of the children was awarded to Bruce’s parents while Bruce was unable to leave Mexico.

Bruce Beresford-Redman has now returned to Los Angeles (although mysteriously without his passport) and is seeking to regain custody of his children. His criminal attorney Richard Hirsch says that Bruce has not formally been accused of any crime and has a legal right to custody of his children.

Bruce, a former producer of reality shows Survivor and Pimp My Ride, is still a  “person of interest” in his wife’s murder according to Mexican law enforcement.

Monica Beresford-Redman’s sister, Carla Ferreira-Burgos has spoken to the media and says she will fight Bruce Beresford-Redman for custody. Specifically, she said, “I don’t think someone suspected of killing their mother should be in charge of the kids.

Without knowing a bit more about the status of the Mexican investigation and the status of Beresford-Redman’s passport, it is difficult to predict what a California family court judge might do in this situation. With no pending charges and, in all likelihood, no direct evidence from Mexican authorities that he is under suspicion (although the seizure of his passport and possible re-entry into the U.S. without it could reasonably imply such a position), an American judge wouldn’t have much reason to deny a father custody of his own children.

It is certainly possible that the children could be returned to Beresford-Redman with the condition that they be allowed visitation with their mother’s family – especially in light of the uncertainty of their father’s legal situation.

Library topics: legal guardianship, custody, grandparent visitation