Court stops Winkler’s visit with her children

However, on Friday an appeals court blocked the supervised visit in a last-minute ruling Winkler’s attorney called ‘devastating.’ The visit had been scheduled to take place in or around Carroll County, Tenn.

The court issued a stay after an appeal from the children’s paternal grandparents, Dan and Diane Winkler, who have had custody of the three girls since Winkler was arrested for killing her preacher husband, Matthew Winkler.

The stay is temporary pending an investigation of Dan and Diane Winkler’s accusation that the judge who originally granted visitation ruled erroneously. Visitation was granted after a marathon custody hearing that lasted nearly nine hours. Dan and Diane Winkler argue the court should have only heard testimony presented by their attorneys.

Instead it was a day filled with conflicting testimony. Psychologists for Dan and Diane Winkler argued Mary presents a danger to the girls and should not see them. In testimony just as predictable, psychologists speaking on behalf of Mary said she’s no threat to the girls and should rightfully see them as their mother.

Winkler has 10 days to respond to the appeals court ruling.

‘It’s very devastating to Mary and I’m sure to the children,’ said Winkler’s attorney, Kay Farese Turner.

Turner said she was not surprised the grandparents tried to block the visit at the last minute, although she was surprised the appeals court was so quick to grant the request.

The appeals court ruling foreshadows what is sure to be a bitter custody battle ‘ and one legal experts say has little precedent in Tennessee.

Termination of parental rights ‘ like the grandparents are attempting to achieve ‘ is allowed if one parent ‘wrongfully’ kills the other. But that has been part of state law for only a few years.

Also, the surviving parent is usually incarcerated for such a long time that custody is not an issue, according to Christina Zawisza, a lawyer with the University of Memphis Child Advocacy Clinic.