This is not right and not what the parents wanted.....The Conti's should be ashamed of themselves!! They should have the other grandparents involved....which is what the parents wanted!!!
The parents first choice was Conti . . . whether they lived in the US, Argentina or Timbuktu ? First choice comes with due thought provoking issues and that includes "the best interest of the children" as seen through the eyes of caring parents.
The US legal system made the 2 parties enemies and destroyed the harmonious relationship that could have blossomed. Sorry, its the lawyers that misuse the system and creates enemies and mistrust.
Lets take comfort in the facts that they would be closer to nature in Argentina by eating healthy and enjoying a better education system. I also hear medical care is free there. Kids read more there than watch TV and they have a better chance of growing up with less violence and more love. Bless their little hearts !
Yeah snake09, free healthcare. In the U.S. the girl wouldn't have the life she needs due to the costs of healthcare in this country. Greed kills a lot of dreams here in the U.S. Sad state will all live in as Americans.
Coloradogirl - are you confused? Both parents said they wanted the maternal grandmother to take care of the kids, with the paternal (American) grandparents having them for one month. Seems to me it's the American grandparents who are causing all this grief.
I think the American grandparents wouldn't have put up such a fight if the little girl had not been so seriously injured in the wreck. It's very natural to worry about whether the medical care will be appropriate.
However, I think the will should be honored. Perhaps with time, the American grandparents will see that the kids are well, and hopefully the Argentine grandparents will honor the one month agreement.
Would it not be better for the American grandparents to be willing to go to Argentina, and see whether or not the children are thriving, rather than assuming that things will be bad? why not spend the month of January in Argentina, going to the doctor's appointments, and helping with the rehabilitation, then decide whether ot not the children's best interests are being met. And why the heck not learn to speak Spanish? The children were bilingual while there parents were alive, why can't the paternal grandparents at least try to be as well?
I think it is a bad assumption that the children can only be happy in the US. The paternal grandparents refusal to even look at the fact that the children might just be doing well is simply reprehensible, and I hope the court in Idado takes that into account.
As a single mother I worry daily about what would happen to my daughter if I were to die suddenly as I don't feel my family would take good care of her, and since her father has never been in her life, his side of the family is not an option. These children are blessed to have two sets of loving grandparents to care for them in their time of need, and I hope that someday they can come together in the children's best interests.
I agree with those who say the parents were naive to believe that two grandparents from totally different cultures could agree and work together. My god, it's hard enough for people from the same culture to agree on custody situations. Their will was not a legal document, it was just a note about what their wishes were. Those parents were irresponsible not have had the document legalized. The problems it created are tragic.
Even though I agree with those who say that the healthcare here would be much better than in a 3rd world country (just because it's free in Argentina doesn't mean it's better--in fact, that's probably a guarantee that it's worse), it's obvious (if this article is accurate) that the parents preferred the 3rd world lifestyle and would probably not mind that the kids are living there. To each his own.
I'm sorry, but I disagree with your assumption that the parent's will was not legal, and believe that it will hold up in a court of law.
Unless you can prove that the parents were somehow coerced, and were not of sound mind, the document they signed and gave to a close friend to execute, is in fact a legal document.
Are we forgetting that the argentina grandmother would had taken then girl off life support if it wasn't for the american grandparents stopping it? And by doing so she recovered!
Argentina is not a third world country, however, it seems that the mother of these children wanted her parents to move to the US to raise them and offered her home as a place to accomplish that so the will has not been honored like she wanted it. The family returned to Argentina and that isn´t what the mother wanted. She wanted the children to remain in their home and not someone else´s. The Argentinan grandparents should have followed these wishes to the letter and with the letter could have since the children are US citizens. It really does not matter where we perceive that they would be better off but that the mother wanted them to stay in the US and to be shared by both grandparents inside the US their native country.
This touched me a bit because I have situation that could turn out much like this and it has given me a lot to think about. My son is both Honduran and a US citizen, born in the US. His father is Honduran by birth, but both a US citizen and a Honduran citizen as well. I am a US citizen by birth. I live in Honduras at present and until he reaches 18 want him to stay here with the consideration of visiting the US yearly. However, my parents are out of the question, and my husband´s parents are elderly. We have god parents who live in the US for him..this has given me much to think about tonight.
Neither side trusts the other. The will was clear and both grandparents knew it was the wishes of the parents. The Heisses tried to go around the will to the courts, which started the mis-trust.
There would not have been any need for the judicial branch if the paternal grandparents had respected the wishes of the parents. Unfortunately they are arrogant and think they know better. They brought in the courts; the courts didn't step in just because they felt like it. I'm not a fan of big government either, but this isn't a case of government meddling, there are better cases to point out to support your point than this one.
Amen, Some people have to turn everything into a political statement. Please put aside your soapbox for now. This is about two children, two families and two parents last wishes. These wishes should have been honored from the begining. How sad that the Heisses would try to get around their son and daughter-in-laws last wishes. I do hope the Heisses get to have a relationshp with the children. I also hope they both families start honoring the parents very clear last wishes.
The Heisses are out of line. It is obvious from the will that the children were supposed to go to the mother's side of the family. They have now ruined what could have been good relationship not only with them but probably the grandchildren, because they couldn't stop their crusade - which is really an insult to the other family's desire and ability to provide a loving home and care for the children. Probably because I have seen it in my own extended family due to divorce/custody situations - the "crusade" always ends up consuming the person(s) leading it and ruining the relationships involved - until it becomes more important than the welfare of the kids or anybody else. I feel very sorry for the kids and hope the Heisses do not do anything stupid when they come to visit.
I think the parents were wrong. They made it clear in the wheel that they wanted their children raised in their family home in the United States, but they should have known that wouldnt happen to award custody to someone outside of the United States. Its a travesty what has happened to this children, and I hope the parents if they are able to see what is happening realize that it was their fault for not doing what was best for their kids by allowing them to be with his parents so they could stay in the United States.
When the Conti's were named as the primary custodian of the children, the parents said that they "hoped" the children could be raised in the family home, but did not make that a directive. Of course, for the Conti's to raise the children in the family home, would have required them to become immigrants and apply for green cards, with all the none sense that can go along with that process. Raising the children in Argentina allows for them to get free health care, and for the children to be raised in the same type of environment they grew up in while living in Argentina. Plus at this age, the children maintain a dual citizenship that allows them to one day go back to the US should they decide to.
The problem here is that the American grandparents are too in to these children being raised in America, as if being raised anywhere else is so horrible! The American grandparents owe it to the children to at least make a trip to Argentina to see how things are going there, before deciding that things are automatically bad.
Hoped means that their desire was for the children to stay in their own home not someone else´s in a different place...leaving them in a familiar area. Hoped may have considered if the home no longer existed or if immigration did not allow them to come, but immigration would allow them..it is called special circumstances and there are exceptions such as welfare of the chidlren and custody that would allow them a visa with work priviledges until the children were grown.
Tough as it is for the U.S. grandparents and extended family, the wishes of the mother and father of these two precious children should prevail. The paternal grandparents are just making a bad situation worse. They should be happy the maternal grandmother and the maternal extended family have totally changed their lives around to care for these two children. I hope if the children are allowed to take their month in the U.S. and the attorney for the paternal grandparents does not encourage them to refuse to return the children. If I was their caregiver and had custody I doubt I would want them traveling that far and to grandparents that might try to keep them stateside awaiting a verdict from the Idaho Supreme Court. All this money spent on attorneys could have been used for the children.
Nope. It American ethnocentrism prevailing and the Heisses are taking full advantage. The parents of the two orphans were fools to think that his parents were going to honor the will. Obviously, the paternal grandparent kidnapped them when they went to the American courts and asked them to nullify the will. The maternal grandparents tried to honor the compact but the paternal grandparent voided any court-arrangement when they completely cut-off the maternal grandparents.
The paternal grandparent are too self-centered too raise these children, especially in the manner the parents wanted. I would look at this as a lesson for all parents. It's going to be one or the other set of grandparents to raise orphans. Pick the set that is going to be closest to your set of values and say goodbye to the other set. Grandparents rarely work well together. And because of age-related issues, I would look for someone other than grandparents to raise your children if you should die.
The point was that the parents wanted both sides of their family to work together for the sake of the children. For some reason, they wanted the primary custody to go to the Contis...they were the parents and that is their right to make that determination. The Heisses decided to bring in the courts when they figured they in the US knew better than the Argentines how to care for the grandkids, as if one cannot get good medical care outside the US and they as Americans would be superior guardians. It's pure arrogance that the Heisses seem to think that they would be better suited to parent than Ms. Conti, and that their deceased's child's wishes should not be honored. They need to get over themselves and cooperate with the mother's family for the sake of the children.
Firstly, the parents were against accumulating wealth, so who is to say the kids are "rich"? Orphans, of course, but rich...doubt that.
Secondly, it's unfortunate what happened to you in Argentina. However, you cannot compare someone falling off a mountain to ongoing rehabilitation for a brain-damaged child...apples to tanks, apples to tanks. Also, getting an infection after surgery or getting surgery after surgery to fix a small problem can happen in the the US. It has happened to quite a few of my family members - in America. And unlike in Argentina, we in the US have to pay for it.
Your break thx would cost you 10,000 dollars here in the U.S. Its the flat rate for specialists and the crew of workers you'd pay for. Greed has taken over the healthcare industry.
Surely this accident paid policy limits, since the (commercial) trucker was at fault. Likely an annuity was set up for the kids, especially for the girl's future medical costs. Doubtful this claim even went to court.
Maybe the boy will come some day to Cali and go to college. Hopefully the kids get a good life, and the grandparents live at least to the kids' maturity - tho' they'll need to set up a conservator for the girl's future care. So sad.
thx-113, do you have a copy of the will? I doubt that.
All we can go by is what the news reports, so assuming any knowledge beyond the news reports (that living in the home in Idaho was a demand and not "if such possibility exists") is speculation that isn't grounded in undisputed fact. That kind of a detail doesn't seem to be something that would be lied about just for the heck of it. They were born in America, but the parents had wishes that would make it hard for them to stay most of the year there. But they will be with family, and besides, they grew up in relative isolation in the back woods anyway, so beyond language, there may or may not be a huge adjustment, or the adjustment may have more to do with urban/rural than US/Argentina.
Should the kids desire to live in the US at some point (at least the son, I don't know to what degree the accident damaged the daughter's mental cognition and competency), then the decision can be made when they are of age. But don't assume that they will want to do so.
No matter what your age, once you have a child, you are never too young and it is never unusual to write a will. Not a handwritten will but a truly legal, witnessed, signed will - with the will of each parent agreeing on who the primary legal guardian will be. As someone else posted, it is better to have someoe close in age to the parents ( like a brother or sister) named as guardian rather than the grandparent in order to better assure they will be able to see the child to adulthood. When you add things like wanting the children remain in their own home or secondary guardians, matters get complicated. A lawyer could have pointed out all the possible scenarios that are happeneing now so they could have been avoided. It is very sad for all - as long as any of the parties feel the other might do a kdnap there will never be any peace. The ones who are losing are both the grandparents and the children who are not having relationships with both sets of grandparents. If you are 20 years old and have a child - write a legal will now .
I am a pediatric hospital social worker and the exact same thing happened to one of my families, except it was France and not Argentina, nor did it make the papers! Unfortunately, so many families get ugly in a time of great stress and crisis. It was so very difficult for everyone involved, including the staff. I hope for the best for everyone, Aliana seems to be making great progress.
Did I read the article incorrectly? I thought the maternal grandparents would get custody and live in the home in Idaho and the paternal grandparents would get custody one month out of the year. If this is the case, then the maternal grandparents are not abiding by the will any better than the paternal ones. If they had the best interests of the children at heart, they would follow the will exactly as it was written. The children should stay in their home in the U.S taken care of by their grandparents. Obviously the parents didn't want them spirited back to South America, but they did want their children to appreciate both cultures. The poor children are the pawns.
The maternal grandmother was to get custody 11 months out of the year, and "if such possibility exists" the children would be raised in Idaho. It may not necessarily be a possibility, but the arrangement was still the same. There is nothing about the maternal grandparents moving 20 people to the US or dirt poor South Americans making money off of rich Americans. The article even stated that the parents weren't wealthy, just looked to make enough to support themselves.
Is there anything mentioned in the article about any kind of "insurance settlement?" You're assuming a lot that just isn't there.
If the parents didn't even draw up a legal/notarized will, who is to say they even had life insurance? With all the court costs and the Heisses putting Aliana in a nursing home, anything that may have been paid out due to the accident is probably long gone.
Considering that the maternal grandmother is able to fly back and forth, it sounds like they may have some money, and again, unless you're clairvoyant or you know them personally, you don't know if they're poor or not.
And on your last comment, yes there are cultural differences between how things are typically done in the US and European societies and what is often done is Latin American societies. However, considering how many people from Central and South America come to the US without their families for work, etc., it is clearly not the case that extended families all move together. That statement is just ignorant, it's not the truth.
You are such an idiot and racist too I might add. I bet the Argentines are glad to be rid of you. What the hell did you go there for if you don't like these people. You know, the U.S. doesn't always have the inside track on living conditions, health care and parenting skills. Look at where we are at now. Seems to me that the maternal grandparents are doing more for this child than the paternal grandparents. After all, if I understand correctly, the girl was in a nursing home. Ever been in one of those. It's awful. This way she is living at home with, as you say, 20 caring people, not 3 unconcerned healthcare workers..
How very sad. I believe the "will" as written should be honored as the parents knew the conditions of both countries and felt the children would be well cared for by the grandmother in South America, regardless of anyone elses agreement or not. The bond of family on both sides is strong however the desire of the parents of the children should take priority. Shame on the grandparents for disputing the wishes of their deceased children and putting the children in conflict. I hope for them to overcome the struggles of pain and move forward toward the happiness of the kids. It appears the children are doing well and are happy. There is a little shining light on the subject.
The welfare of the children is what matters most here. One set of grandparents believed an institution would be the best course. The other grandparents believed that being surrounded by family would be best. Have you been to Rancho Los Amigos? Or any other "home" for children and adults? Anyone who would choose that over family care is not worthy of having custody of the children. if you disagree, go work in one...any one... and see for yourself what conditions are. staff struggle to care for their clients, but the bottom line is a lonely, futile life for the client.
You dont have a clue about Argentina with your arrogance. Wake up and smell the coffee. Yes, mistakes do happen. Here, they can remove the wrong limb by mistake and mistakes dont occur every day in every hospital. I have worked as a volunteer in rural Argentina and the South Americas for almost 5 years. They are good, lovable and hard-working people. They are not arrogant and rude. They care for neighbors and friends . . and children too. Yes, maybe 3rd world by your standards but they make up in many ways in things that we lack.
What a wonderful way to keep lawyers richer. It's obvious the parents made there wishes both on paper and verbally long before the accident. There wishes should be honored.
I would be scared to let my grandchildren live in a third world country. The court system to look at how those children will be raised. So what if the parents gave Marisa's parents custody, the will sitpulated they had live in their home, now their living in Argentina. We all know she is not going to let those children come back to America. I'm for the Heisses do what you have to, so your grandchildren have healthy lives and not live with the rats.
The Heises are greedy arrogant fools. Let the children be with the Grandmother and many family members in Argentina. Even the judge knew who the children would be better off with. Heises want to count the bucks and don't want to be bothered taking care of the girl at home.
Interesting that they didn't live in Argentina if they wanted the children to live with her parents. Actually what they wanted was for her family to live in their Idaho home. Obviously they overlooked that piece. How sad for everyone involved. More so the children because these people are asking them to choose. The brother and sister need to butt out....
These kids are exactly where they should be: With loving family members in a loving home. It sounds like they are happy and doing well, in a town that is much like the one grew up in. Imagine the horror of going from a small, comfortable town in Idaho to Los Angeles.
The parents raised their kids to live a simple lifestyle. They chose to live as far away, both physically and spiritually, from Malibu and the lifestyle with which it is associated. Why would they would want their children to be there now? Their choice of the maternal grandparents was deliberate and wise. The children probably have a better chance of healthier lives in Argentina, despite the ignorant and arrogant rumblings of ugly Americans
I drove past this accident on the I5 - it was horrible. The top of the car was sheared off completely and only the Idaho plates were visible int he twisted wreakage. I cried when I saw it and couldn't believe that anyone could survive such horror. These children have already been through hell - both of their families need to suck it up and honor the wishes of their parents to the best of their abilities, lose the lawyers and raise these children together. They've already lost so much - please find a compromise that doesn't cost these children half of the only family they have left!
I hope the paternal family goes down to visit and mend fences. Trust will be hard, but they really need to suck it up for the kids. My prayers for all sides of the family. Don't forget both sides lost their children, and the grandkids are all that is left. Very sad situation.
This is not right and not what the parents wanted.....The Conti's should be ashamed of themselves!! They should have the other grandparents involved....which is what the parents wanted!!!
Both grandparents should be ashamed of their acts.
The parents first choice was Conti . . . whether they lived in the US, Argentina or Timbuktu ? First choice comes with due thought provoking issues and that includes "the best interest of the children" as seen through the eyes of caring parents.
The US legal system made the 2 parties enemies and destroyed the harmonious relationship that could have blossomed. Sorry, its the lawyers that misuse the system and creates enemies and mistrust.
Lets take comfort in the facts that they would be closer to nature in Argentina by eating healthy and enjoying a better education system. I also hear medical care is free there. Kids read more there than watch TV and they have a better chance of growing up with less violence and more love. Bless their little hearts !
I totally agree. They are better off in Argentina than in the US.
Yeah snake09, free healthcare. In the U.S. the girl wouldn't have the life she needs due to the costs of healthcare in this country. Greed kills a lot of dreams here in the U.S. Sad state will all live in as Americans.
Coloradogirl - are you confused? Both parents said they wanted the maternal grandmother to take care of the kids, with the paternal (American) grandparents having them for one month. Seems to me it's the American grandparents who are causing all this grief.
I think the American grandparents wouldn't have put up such a fight if the little girl had not been so seriously injured in the wreck. It's very natural to worry about whether the medical care will be appropriate.
However, I think the will should be honored. Perhaps with time, the American grandparents will see that the kids are well, and hopefully the Argentine grandparents will honor the one month agreement.
Would it not be better for the American grandparents to be willing to go to Argentina, and see whether or not the children are thriving, rather than assuming that things will be bad? why not spend the month of January in Argentina, going to the doctor's appointments, and helping with the rehabilitation, then decide whether ot not the children's best interests are being met. And why the heck not learn to speak Spanish? The children were bilingual while there parents were alive, why can't the paternal grandparents at least try to be as well?
I think it is a bad assumption that the children can only be happy in the US. The paternal grandparents refusal to even look at the fact that the children might just be doing well is simply reprehensible, and I hope the court in Idado takes that into account.
As a single mother I worry daily about what would happen to my daughter if I were to die suddenly as I don't feel my family would take good care of her, and since her father has never been in her life, his side of the family is not an option. These children are blessed to have two sets of loving grandparents to care for them in their time of need, and I hope that someday they can come together in the children's best interests.
I agree with those who say the parents were naive to believe that two grandparents from totally different cultures could agree and work together. My god, it's hard enough for people from the same culture to agree on custody situations. Their will was not a legal document, it was just a note about what their wishes were. Those parents were irresponsible not have had the document legalized. The problems it created are tragic.
Even though I agree with those who say that the healthcare here would be much better than in a 3rd world country (just because it's free in Argentina doesn't mean it's better--in fact, that's probably a guarantee that it's worse), it's obvious (if this article is accurate) that the parents preferred the 3rd world lifestyle and would probably not mind that the kids are living there. To each his own.
I'm sorry, but I disagree with your assumption that the parent's will was not legal, and believe that it will hold up in a court of law.
Unless you can prove that the parents were somehow coerced, and were not of sound mind, the document they signed and gave to a close friend to execute, is in fact a legal document.
Are we forgetting that the argentina grandmother would had taken then girl off life support if it wasn't for the american grandparents stopping it? And by doing so she recovered!
Third world country? Since when is Argentina a third world country? This is news to me.
Argentina is not a third world country, however, it seems that the mother of these children wanted her parents to move to the US to raise them and offered her home as a place to accomplish that so the will has not been honored like she wanted it. The family returned to Argentina and that isn´t what the mother wanted. She wanted the children to remain in their home and not someone else´s. The Argentinan grandparents should have followed these wishes to the letter and with the letter could have since the children are US citizens. It really does not matter where we perceive that they would be better off but that the mother wanted them to stay in the US and to be shared by both grandparents inside the US their native country.
This touched me a bit because I have situation that could turn out much like this and it has given me a lot to think about. My son is both Honduran and a US citizen, born in the US. His father is Honduran by birth, but both a US citizen and a Honduran citizen as well. I am a US citizen by birth. I live in Honduras at present and until he reaches 18 want him to stay here with the consideration of visiting the US yearly. However, my parents are out of the question, and my husband´s parents are elderly. We have god parents who live in the US for him..this has given me much to think about tonight.
Neither side trusts the other. The will was clear and both grandparents knew it was the wishes of the parents. The Heisses tried to go around the will to the courts, which started the mis-trust.
A sad situation all around...
The parents wishes should be the top directive. Some how our judicial branch thinks they knows better. Another reason for less government.
There would not have been any need for the judicial branch if the paternal grandparents had respected the wishes of the parents. Unfortunately they are arrogant and think they know better. They brought in the courts; the courts didn't step in just because they felt like it. I'm not a fan of big government either, but this isn't a case of government meddling, there are better cases to point out to support your point than this one.
Amen, Some people have to turn everything into a political statement. Please put aside your soapbox for now. This is about two children, two families and two parents last wishes. These wishes should have been honored from the begining. How sad that the Heisses would try to get around their son and daughter-in-laws last wishes. I do hope the Heisses get to have a relationshp with the children. I also hope they both families start honoring the parents very clear last wishes.
The Heisses are out of line. It is obvious from the will that the children were supposed to go to the mother's side of the family. They have now ruined what could have been good relationship not only with them but probably the grandchildren, because they couldn't stop their crusade - which is really an insult to the other family's desire and ability to provide a loving home and care for the children. Probably because I have seen it in my own extended family due to divorce/custody situations - the "crusade" always ends up consuming the person(s) leading it and ruining the relationships involved - until it becomes more important than the welfare of the kids or anybody else. I feel very sorry for the kids and hope the Heisses do not do anything stupid when they come to visit.
I think the parents were wrong. They made it clear in the wheel that they wanted their children raised in their family home in the United States, but they should have known that wouldnt happen to award custody to someone outside of the United States. Its a travesty what has happened to this children, and I hope the parents if they are able to see what is happening realize that it was their fault for not doing what was best for their kids by allowing them to be with his parents so they could stay in the United States.
The wishes of the parents might have been honored if the "American" parents had not pulled the entitlement card and involved the law. How sad.
When the Conti's were named as the primary custodian of the children, the parents said that they "hoped" the children could be raised in the family home, but did not make that a directive. Of course, for the Conti's to raise the children in the family home, would have required them to become immigrants and apply for green cards, with all the none sense that can go along with that process. Raising the children in Argentina allows for them to get free health care, and for the children to be raised in the same type of environment they grew up in while living in Argentina. Plus at this age, the children maintain a dual citizenship that allows them to one day go back to the US should they decide to.
The problem here is that the American grandparents are too in to these children being raised in America, as if being raised anywhere else is so horrible! The American grandparents owe it to the children to at least make a trip to Argentina to see how things are going there, before deciding that things are automatically bad.
Hoped means that their desire was for the children to stay in their own home not someone else´s in a different place...leaving them in a familiar area. Hoped may have considered if the home no longer existed or if immigration did not allow them to come, but immigration would allow them..it is called special circumstances and there are exceptions such as welfare of the chidlren and custody that would allow them a visa with work priviledges until the children were grown.
Tough as it is for the U.S. grandparents and extended family, the wishes of the mother and father of these two precious children should prevail. The paternal grandparents are just making a bad situation worse. They should be happy the maternal grandmother and the maternal extended family have totally changed their lives around to care for these two children. I hope if the children are allowed to take their month in the U.S. and the attorney for the paternal grandparents does not encourage them to refuse to return the children. If I was their caregiver and had custody I doubt I would want them traveling that far and to grandparents that might try to keep them stateside awaiting a verdict from the Idaho Supreme Court. All this money spent on attorneys could have been used for the children.
Nope. It American ethnocentrism prevailing and the Heisses are taking full advantage. The parents of the two orphans were fools to think that his parents were going to honor the will. Obviously, the paternal grandparent kidnapped them when they went to the American courts and asked them to nullify the will. The maternal grandparents tried to honor the compact but the paternal grandparent voided any court-arrangement when they completely cut-off the maternal grandparents.
The paternal grandparent are too self-centered too raise these children, especially in the manner the parents wanted. I would look at this as a lesson for all parents. It's going to be one or the other set of grandparents to raise orphans. Pick the set that is going to be closest to your set of values and say goodbye to the other set. Grandparents rarely work well together. And because of age-related issues, I would look for someone other than grandparents to raise your children if you should die.
This is a terribly sad situation for all involved.
The point was that the parents wanted both sides of their family to work together for the sake of the children. For some reason, they wanted the primary custody to go to the Contis...they were the parents and that is their right to make that determination. The Heisses decided to bring in the courts when they figured they in the US knew better than the Argentines how to care for the grandkids, as if one cannot get good medical care outside the US and they as Americans would be superior guardians. It's pure arrogance that the Heisses seem to think that they would be better suited to parent than Ms. Conti, and that their deceased's child's wishes should not be honored. They need to get over themselves and cooperate with the mother's family for the sake of the children.
ALSO COMPARE: A workers monthly salary in Argentina will pay for a surgery that would cost an American 3 years salary if one had to pay for it.
Its free in Argentina and these kids are orphans now. In the US working people cannot afford medical care. Think about it.
Firstly, the parents were against accumulating wealth, so who is to say the kids are "rich"? Orphans, of course, but rich...doubt that.
Secondly, it's unfortunate what happened to you in Argentina. However, you cannot compare someone falling off a mountain to ongoing rehabilitation for a brain-damaged child...apples to tanks, apples to tanks. Also, getting an infection after surgery or getting surgery after surgery to fix a small problem can happen in the the US. It has happened to quite a few of my family members - in America. And unlike in Argentina, we in the US have to pay for it.
Your break thx would cost you 10,000 dollars here in the U.S. Its the flat rate for specialists and the crew of workers you'd pay for. Greed has taken over the healthcare industry.
Surely this accident paid policy limits, since the (commercial) trucker was at fault. Likely an annuity was set up for the kids, especially for the girl's future medical costs. Doubtful this claim even went to court.
Maybe the boy will come some day to Cali and go to college. Hopefully the kids get a good life, and the grandparents live at least to the kids' maturity - tho' they'll need to set up a conservator for the girl's future care. So sad.
"If such possibility exists it would be our wish that they be able to raise her in our (Idaho) house."
That is how the will read. "If such a possibility exists" that clearly means that it is not mandatory for them to move to Idaho but only if they could.
This issue has absoluely nothing to do with immigration either.
thx-113, do you have a copy of the will? I doubt that.
All we can go by is what the news reports, so assuming any knowledge beyond the news reports (that living in the home in Idaho was a demand and not "if such possibility exists") is speculation that isn't grounded in undisputed fact. That kind of a detail doesn't seem to be something that would be lied about just for the heck of it. They were born in America, but the parents had wishes that would make it hard for them to stay most of the year there. But they will be with family, and besides, they grew up in relative isolation in the back woods anyway, so beyond language, there may or may not be a huge adjustment, or the adjustment may have more to do with urban/rural than US/Argentina.
Should the kids desire to live in the US at some point (at least the son, I don't know to what degree the accident damaged the daughter's mental cognition and competency), then the decision can be made when they are of age. But don't assume that they will want to do so.
We're talking about Argentina, not Mexico. Big difference.
"writing a will is an unusual act for a couple in their mid-thirties"
WTF? no it isn't. especially when they have 2 children.
and btw, scribbling something on legal paper without witnesses isn't writing a will ... it's just scribbling
No matter what your age, once you have a child, you are never too young and it is never unusual to write a will. Not a handwritten will but a truly legal, witnessed, signed will - with the will of each parent agreeing on who the primary legal guardian will be. As someone else posted, it is better to have someoe close in age to the parents ( like a brother or sister) named as guardian rather than the grandparent in order to better assure they will be able to see the child to adulthood. When you add things like wanting the children remain in their own home or secondary guardians, matters get complicated. A lawyer could have pointed out all the possible scenarios that are happeneing now so they could have been avoided. It is very sad for all - as long as any of the parties feel the other might do a kdnap there will never be any peace. The ones who are losing are both the grandparents and the children who are not having relationships with both sets of grandparents. If you are 20 years old and have a child - write a legal will now .
I am a pediatric hospital social worker and the exact same thing happened to one of my families, except it was France and not Argentina, nor did it make the papers! Unfortunately, so many families get ugly in a time of great stress and crisis. It was so very difficult for everyone involved, including the staff. I hope for the best for everyone, Aliana seems to be making great progress.
Did I read the article incorrectly? I thought the maternal grandparents would get custody and live in the home in Idaho and the paternal grandparents would get custody one month out of the year. If this is the case, then the maternal grandparents are not abiding by the will any better than the paternal ones. If they had the best interests of the children at heart, they would follow the will exactly as it was written. The children should stay in their home in the U.S taken care of by their grandparents. Obviously the parents didn't want them spirited back to South America, but they did want their children to appreciate both cultures. The poor children are the pawns.
The maternal grandmother was to get custody 11 months out of the year, and "if such possibility exists" the children would be raised in Idaho. It may not necessarily be a possibility, but the arrangement was still the same. There is nothing about the maternal grandparents moving 20 people to the US or dirt poor South Americans making money off of rich Americans. The article even stated that the parents weren't wealthy, just looked to make enough to support themselves.
Is there anything mentioned in the article about any kind of "insurance settlement?" You're assuming a lot that just isn't there.
If the parents didn't even draw up a legal/notarized will, who is to say they even had life insurance? With all the court costs and the Heisses putting Aliana in a nursing home, anything that may have been paid out due to the accident is probably long gone.
Considering that the maternal grandmother is able to fly back and forth, it sounds like they may have some money, and again, unless you're clairvoyant or you know them personally, you don't know if they're poor or not.
And on your last comment, yes there are cultural differences between how things are typically done in the US and European societies and what is often done is Latin American societies. However, considering how many people from Central and South America come to the US without their families for work, etc., it is clearly not the case that extended families all move together. That statement is just ignorant, it's not the truth.
thx-113
You are such an idiot and racist too I might add. I bet the Argentines are glad to be rid of you. What the hell did you go there for if you don't like these people. You know, the U.S. doesn't always have the inside track on living conditions, health care and parenting skills. Look at where we are at now. Seems to me that the maternal grandparents are doing more for this child than the paternal grandparents. After all, if I understand correctly, the girl was in a nursing home. Ever been in one of those. It's awful. This way she is living at home with, as you say, 20 caring people, not 3 unconcerned healthcare workers..
In the end, the decision should be made with these priorities:
1) what is best for the children
2) the wishes of the parents
and last, what the grandparents want.
The Heisses' started it and they knew the parents' will, so now they deserve whatever.
She'd get much more superior care in the US! That's a no brainer, that is unless this crazy healthcare goes through......
Another fool who doesn't understand the rest of the world. She'd probably have NO insurance in this country. Don't you get it?
How very sad. I believe the "will" as written should be honored as the parents knew the conditions of both countries and felt the children would be well cared for by the grandmother in South America, regardless of anyone elses agreement or not. The bond of family on both sides is strong however the desire of the parents of the children should take priority. Shame on the grandparents for disputing the wishes of their deceased children and putting the children in conflict. I hope for them to overcome the struggles of pain and move forward toward the happiness of the kids. It appears the children are doing well and are happy. There is a little shining light on the subject.
The welfare of the children is what matters most here. One set of grandparents believed an institution would be the best course. The other grandparents believed that being surrounded by family would be best. Have you been to Rancho Los Amigos? Or any other "home" for children and adults? Anyone who would choose that over family care is not worthy of having custody of the children. if you disagree, go work in one...any one... and see for yourself what conditions are. staff struggle to care for their clients, but the bottom line is a lonely, futile life for the client.
thx-113:
You dont have a clue about Argentina with your arrogance. Wake up and smell the coffee. Yes, mistakes do happen. Here, they can remove the wrong limb by mistake and mistakes dont occur every day in every hospital. I have worked as a volunteer in rural Argentina and the South Americas for almost 5 years. They are good, lovable and hard-working people. They are not arrogant and rude. They care for neighbors and friends . . and children too. Yes, maybe 3rd world by your standards but they make up in many ways in things that we lack.
What a wonderful way to keep lawyers richer. It's obvious the parents made there wishes both on paper and verbally long before the accident. There wishes should be honored.
I would be scared to let my grandchildren live in a third world country. The court system to look at how those children will be raised. So what if the parents gave Marisa's parents custody, the will sitpulated they had live in their home, now their living in Argentina. We all know she is not going to let those children come back to America. I'm for the Heisses do what you have to, so your grandchildren have healthy lives and not live with the rats.
Renea, Argentina is not a third world country.
The Heises are greedy arrogant fools. Let the children be with the Grandmother and many family members in Argentina. Even the judge knew who the children would be better off with. Heises want to count the bucks and don't want to be bothered taking care of the girl at home.
The American grandparents live in Malibu, doubtful money is what they are thinking of...
Interesting that they didn't live in Argentina if they wanted the children to live with her parents. Actually what they wanted was for her family to live in their Idaho home. Obviously they overlooked that piece. How sad for everyone involved. More so the children because these people are asking them to choose. The brother and sister need to butt out....
These kids are exactly where they should be: With loving family members in a loving home. It sounds like they are happy and doing well, in a town that is much like the one grew up in. Imagine the horror of going from a small, comfortable town in Idaho to Los Angeles.
The parents raised their kids to live a simple lifestyle. They chose to live as far away, both physically and spiritually, from Malibu and the lifestyle with which it is associated. Why would they would want their children to be there now? Their choice of the maternal grandparents was deliberate and wise. The children probably have a better chance of healthier lives in Argentina, despite the ignorant and arrogant rumblings of ugly Americans
thx-113: It appears that you are more obsessed with this hypothetical wealth than any of the parties in question.
I drove past this accident on the I5 - it was horrible. The top of the car was sheared off completely and only the Idaho plates were visible int he twisted wreakage. I cried when I saw it and couldn't believe that anyone could survive such horror. These children have already been through hell - both of their families need to suck it up and honor the wishes of their parents to the best of their abilities, lose the lawyers and raise these children together. They've already lost so much - please find a compromise that doesn't cost these children half of the only family they have left!
I completely agree. It's such a sad story. Maybe the adults can find a way to get along for the kids sake.
I hope the paternal family goes down to visit and mend fences. Trust will be hard, but they really need to suck it up for the kids. My prayers for all sides of the family. Don't forget both sides lost their children, and the grandkids are all that is left. Very sad situation.