Ashes to Ashley, Dust to Dustin
If you are anything like me, when you hear the phrase "custody battle" you first think of two people who used to love each other now locked in a grim struggle over children and, occasionally, pets. True, but only so far as it goes. The Superior Court (.pdf) has reminded us that custody battles can also arise in connection with disposition of the dead -- in this case, cremated remains:
The Superior Court has ruled that trial courts have the authority to order the division of cremated remains where the loved ones are in a dispute, in what appeared to be an issue of first impression for the court.
But in the case over the disposition of a divorcing couple’s deceased son’s remains, the court found that the Court of Common Pleas of Schuylkill County had abused its discretion in ordering the division of ashes in Kulp v. Kulp.
As a result, the court remanded the case back to the trial court.
“Given the extremely sensitive nature of this issue, and husband’s opposition to division of the remains, we conclude that the trial court abused its discretion in using its equitable powers to override the desires of one of the next of kin as to the division of son’s remains,” Judge John L. Musmanno wrote for the panel.. . .
When the trial court ordered that the ashes be placed in two separate urns with each party keeping their urn at the place of their choosing, David Kulp Jr. appealed to the Superior Court.
Hmmm. Could there be a more clear cut candidate for application of the maxim "Equity is not for the squeamish?" (h/t How Appealing). And don't think for a minute this is the only custody battle involving the Dead. It is not.
