SAN DIEGO — The husband charged with murdering Chula Vista mother, Maya Millete, has filed an objection to his sister-in-law taking over guardianship of his three children.
Larry Millete – who remains in custody – and his parents, Benito and Judith Millete, filed the objection on Nov. 8, stating, “May Millete, the children’s mother has not been served with the Petition for Appointment of Guardianship.”
“We believe it is appropriate for May Millete to be served by Publication or Posting,” the Millete family members wrote.
A guardianship hearing is set for Nov. 10 in the probate division of San Diego County Superior Court downtown.
If the probate judge agrees a summons notice must be published in a local newspaper, the hearing likely would be continued to allow for publication.
A similar publication order was granted in a separate family court case, where the children’s maternal grandparents were seeking visitation.
The three children – ages 5, 10 and 11 – have been living with their paternal grandparents in Chula Vista since the Oct. 19 arrest of their father, Larry Millete, 40, who is being held without bail pending his murder trial. A preliminary hearing readiness conference is set for Dec. 16.
Maya’s sister, Maricris Drouaillet, filed the guardianship petition in probate court on Nov. 2, following the father’s arrest.
Drouaillet wants the children to move in with her family – including her own children, ages 16 and 18 – in Moreno Valley in Riverside County.
“The children would be able to share a bedroom while we work on renovating our living room to accommodate the Millete children,” the petition stated. “If permanent guardianship is granted, we intend on moving to a larger residence in the same area.”
The filing also indicated Drouaillet intends to seek out therapy for the children and place them on her own health insurance policy if guardianship is granted.
Larry Millete’s objection included a declaration letter from a neighbor, Alice Famador, who lives next door to the family.
“The 3 children grew up in this community whom they feel being loved by the neighbors,” Famador wrote in the declaration.
“Putting them in another home environment with new people, new house room but will no longer have a solo room as they are living now, new community, new school environment, new teachers, new friends. All of these will bring traumatic experience to the lives of the 3 children,” the neighbor’s declaration continued.
“Larry’s parents takes [sic] these children to school, pick them up after school and take care of them at home with the absence of Larry and Maya. They draw love and support from their grandparents and they, the 3 children don’t want to be separated from their grandparents, Larry’s parents,” Famador wrote.
The Millete guardianship objection also asked probate Judge Julia Kelety to take judicial notice of several declarations filed in other cases, including Larry Millete's criminal case and the family court visitation case.
The Nov. 10 hearing will focus on Drouaillet’s petition for temporary guardianship. A hearing for permanent guardianship is set for Jan. 19.
Cameras will not be allowed in Wednesday's hearing, but the public may attend in person in Department 503 of the downtown courthouse.
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