Colorado mother's parents, Kelsey Berreth, believe that she was killed in a custody dispute



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Now, Berreth's parents have updated a suit for wrongful death against Frazee, claiming that a custody dispute was likely a "motive for killing Kelsey".

"On the basis of information and beliefs, Frazee had a motive for killing Kelsey in that he wanted the full custody of [their daughter] KB and / or Kelsey to leave KB with him and Kelsey will not accept, "said the amendment, filed Friday in a US district court.

The amendment was made to a lawsuit for wrongful death filed in January by Cheryl-Lee, Ellen Berreth and Darrell Lynn Berreth.

The Berreths have been searching for answers since Kelsey's disappearance last Thanksgiving.

Parents began to worry after the 29-year-old did not answer calls or text messages for a week. Cheryl-Lee Berreth called Frazee on December 2 to ask her about her daughter.

"Frazee responded with" here's the story … "" and proceeded to a series of "false statements, misrepresentations and / or omissions calculated," says the court.

According to the document, Frazee told Cheryl-Lee Berreth that he and Kelsey had broken up for Thanksgiving and that "Kelsey had agreed to share with Frazee the custody of their daughter at 50/50".

When asked for more details about Kelsey's disappearance, "Frazee suggested that Kelsey could have stolen somewhere with a friend or colleague," says the file.

Edward Farry, who is listed as a Frazee lawyer in the civil case, did not immediately respond to CNN's request for comment.

The Berreths demand a jury trial in the suit for wrongful death. The case was filed in federal civil court because Frazee lives in Colorado, but the plaintiffs live in Idaho.

More twists, few answers

As the civil case progresses, criminal cases involving Frazee and a woman from Idaho have taken unexpected turns.

Patrick Frazee is accused of murder in the Kelsey Berreth case
Frazee faces two counts of first degree murder and three counts of soliciting first degree murder.
Prosecutors have filed two murder charges because they are based on different theories. One is that he acted alone to kill Berreth; the other is that he killed her – alone or with other people – during a robbery.

Solicitation charges refer to three incidents in which a person was solicited to commit the crime. and could mean that Frazee is accused of soliciting the same person three times or soliciting three people on different occasions.

Frazee will have a preliminary hearing on Tuesday. Adam Steigerwald, the public defender representing Frazee in the criminal case, did not return CNN's requests for comment.

Nurse pleads guilty of falsifying evidence in Berreth case
In a related case, Krystal Lee Kenney, a nurse from Idaho, told a judge on Friday that she had thrown Berreth's phone after the murder of Frazee.

"I learned that Patrick Frazee had committed a homicide around November 22, 2018," said Kenney in a statement read in court.

"I knew that law enforcement would investigate this crime. I moved the victim's cell phone in order to harm the phone's availability during the investigation."

The Berreth family cited Kenney's statement Friday in his updated civil suit against Frazee.

What about Kaylee?

As adults prepare to fight in several trials, a mother and her father are missing.

Kelsey Berreth's child will stay with Berreth's parents for the moment
Kaylee, the couple's daughter, will continue to live with Kelsey Berreth's parents for the moment, a judge said on February 7.

Kaylee remains technically under the legal custody of the Teller County Social Services Department, although Berreth's parents have been taking care of the girl since December.

But the court records show that Frazee's mother tried to intervene.

The judge scheduled a hearing for April 4 to determine who will have permanent custody of the child.

CNN's Sara Weisfeldt, Deanna Hackney, Scott McLean and Christina Maxouris contributed to this report.

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