SAN DIEGO — The battle over guardianship of Maya Millete's three children has been happening in downtown probate court since November 2021.
Maya's sister, Maricris Drouaillet, filed a petition for custody of the kids months after Maya went missing from her Chula Vista home in January 2021.
The 39-year-old’s body has not been found. Her husband, Larry Millete, remains in jail, waiting to be tried for his wife's murder.
The husband appeared in Chula Vista court Monday afternoon for a hearing in advance of his murder trial, currently set for January 2025. But the judge said the defense intends to file a written motion to continue the trial to a later date. Both sides will argue that motion on September 10, the judge said in court.
Meanwhile, Maya’s children – now ages 14, 13 and 7 – are still living with their paternal grandparents, Benito and Judith Millete, in the family's Chula Vista house on Paseo Los Gatos.
No cameras were allowed in probate court Monday for opening statements in the guardianship trial.
Attorney Scott Finkbeiner, who represents Maya's sister, told the judge the grandparents have "tried to poison the relationship with the maternal family" by creating a "toxic emotional environment" for the kids.
Finkbeiner said a forensic psychologist has concluded Maya's sister should be granted guardianship, and that the grandparents had been coaching the children to stop mental health treatment.
After that, the grandparents spoke. They had no attorney and were representing themselves.
Benito Millete told the judge, "the kids are healthy" but "they wish their mom and dad would return to the house."
"We love our grandchildren.” Benito said. "We're old but God will give us more life to take care of the children."
Family members on both sides declined to comment to CBS 8 until after the judge issues his ruling in the case. The guardianship trial could stretch into early next week. Regardless of who wins custody, the other side likely will be granted visitation.
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