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Court rules that Frazee, Berreth's daughter will stay in custody of maternal grandparents

Posted: 12:34 PM, Apr 04, 2019
Updated: 2019-04-04 15:03:48-04
Patrick Frazee formal charges hearing
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TELLER COUNTY, Colo. — The Teller County District Court once again ruled on Thursday that Patrick Frazee and Kelsey Berreth's 1-year-old daughter will stay in the custody of the child's maternal grandparents.

Frazee is accused of murdering Berreth, who was his fiance, on Nov. 22, 2018 and burning her body.

On Dec. 21, 2018, Teller County court granted a temporary emergency custody order that put Frazee and Berreth’s daughter in the care of Berreth’s parents . While the child’s grandparents would retain this temporary physical custody, Teller County Department of Human Services kept legal custody of the child.

Frazee’s parents filed a motion to intervene, but on Feb. 7, the Teller County court decided that the child would stay with her maternal grandparents . The following hearing for custody of the child was set for Thursday, where the court again ruled she would stay in their custody.

The next custody hearing is scheduled for June 13 at 8:15 a.m.

In a federal lawsuit released Feb. 15, Berreth’s parents claimed that a brewing custody battle between Frazee and Berreth over their daughter led Frazee to kill Berreth.

READ MORE: Kelsey Berreth case: A timeline of everything investigators have uncovered in woman's murder

Berreth, 29, had been missing out of Woodland Park since Thanksgiving and after an investigation, authorities charged Frazee with two counts of first-degree murder, three counts of solicitation of murder, tampering with a deceased human body and two sentence enhancers. In addition, Krystal Lee Kenney, a woman form Idaho, pleaded guilty to tampering with evidence and agreed to cooperate with prosecutors.

An arrest affidavit for Frazee was released on Feb. 20 and contained many of the details on Berreth’s death, including how Frazee asked Kenney to kill Berreth and how Kenney worked with him to get rid of Berreth’s body once he had allegedly killed her with a bat in her home. The courts publicly released a search warrant on March 6 with more information on what led prosecutors to charge Frazee and Kenney in Berreth’s death.

READ MORE: Affidavit details what happened in days leading up to, after Kelsey Berreth’s death

Investigators started to search for Berreth’s body at Midway Landfill on Feb. 26. As of Thursday afternoon, her body has not been found.

Frazee’s arraignment is scheduled for Friday morning.

Click here for all of Denver7's coverage of the Kelsey Berreth case.