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Mother denied custody of slain dentist's daughter

Friday, November 09, 2007

(Queens - WABC, November 9, 2007) (WABC) -- Judge Linda Tally of Queens Family Court has just announced her decision to deny temporary custody of Michelle Malakov to Mazoltuv Borakhova, the girl's biological mother and the estranged wife of murdered orthodontist, Daniel Malakov.

She has ordered that Michelle remain in ACS foster care, indefinitely.

Ms. Borakhova will have visitation rights, as will the child's paternal relatives, specifically, Malakov's Russian immigrant parents.

Hearings on permanent custody will be held sometime in the future.

The decision came after four days of emotional testimony. Both the child's law guardian as well as New York's Administration for Children's Services strenuously opposed Ms Borakhova's custody petition.

"A clear pattern of emotional neglect has emerged," said the judge.

The ruling is highly-unusual, and reflects the complex and troubling circumstances in this particular case. Child custody law ordinarily favors a child's mother, who enjoys significant legal advantages in such proceedings.

This all stems from the brazen attack occurred as Dr. Daniel Malakov, a 34-year-old dentist, arrived at the playground with the girl last Sunday.

As the child went to greet her mother, a gunman wearing a black leather jacket and a dark hat approached, shot three rounds into Malakov's chest, and fled, police said.

Police recovered a bleach bottle covered with tape that they believe was used as a makeshift silencer.

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