Court Rules Brian Batey Can Stay With Dad’s Companion

The male companion of Frank Batey, the homosexual who died of AIDS amid a long battle with his fundamentalist ex-wife over who would raise their young son, has won temporary custody of the youth, a source close to the case said Wednesday.

Craig Corbett, Batey’s longtime companion, was named temporary guardian for Brian Batey, 16, in a closed hearing July 8 in San Diego County Superior Court, the source said. Judge Judith McConnell granted guardianship to Corbett at Brian’s request, the source added.

Brian has lived with Corbett for all but a few days since his father’s death on June 26. However, he briefly disappeared early this month with his mother, Betty Lou Batey of San Diego. Mrs. Batey had gone into hiding with the boy for 19 months ending in early 1984 rather than allow him to live with his father. She was acquitted in May of child-stealing charges stemming from the disappearance.

As a 16-year-old, legal experts have said, Brian’s preference for his living arrangement must be taken into consideration by the court and, in most cases, would be approved.

Betty Batey was not notified of Brian’s request at the time and neither she nor her attorneys were given an opportunity to contest the judge’s ruling, the source said.

However, under the court’s order, Betty Batey technically retains legal custody of Brian, and there are no limitations on her rights to visit or contact him.

Further court hearings on Brian’s permanent guardian arrangements are scheduled for later this year.

Mrs. Batey declined Wednesday to comment on the judge’s ruling. Her only comment was: “I love my son.” Batey added that all of her actions have been taken with her son’s best interests at heart.

Neither Corbett nor Brian Batey could be reached for comment.