Judge rules that children of man accused of murdering wife will stay with grandparents in Texas

HOUSTON, Texas (KTRK) -- A judge made a custody decision in the case of accused killer and fugitive Lee Gilley, the Houston man authorities say fled to Italy while out of jail on a $1 million bond for his pregnant wife's murder.

Court records show Gilley allegedly used a fake passport and traveled through Canada before making his way to Europe.

During a contentious two-day custody hearing involving the couple's two young children, the attorney for Christa Gilley's parents, Sharon and Christopher Bauer, suggested Lee Gilley may have had help escaping.

Lee Gilley's brother, Matt Gilley, testified via Zoom and denied helping him leave the country or providing him with money. Testimony revealed investigators traveled to the family's North Carolina home to question Matt and his wife, Cristin, about Lee Gilley's whereabouts. Matt Gilley also testified that he has hired a criminal defense attorney and that the last text he got from his brother was on May 1st, the same day Lee Gilley allegedly cut off his ankle monitor. He wrote, "give hugs to the kids," Matt Gilley said in court.

Lee Gilley is charged with murdering his wife, Christa Gilley, who was pregnant, inside their Houston Heights home in 2024. The Harris County Medical Examiner ruled she died from strangulation. Gilley denies the allegations.

Since the capital murder charge, Christa Gilley's parents have served as temporary joint conservators for the couple's children, ages 3 and 5, and have been living with them in South Carolina.

The grandparents asked the judge to pause visitation with the Gilley side of the family, saying they feared the children could also be taken out of the country.

Instead, the judge ordered the children returned to Texas, saying the court would have greater oversight there. The ruling means the grandparents will now have to relocate, at least temporarily. The judge also paused visitation for Matt Gilley until Lee is brought back to Texas. Neither side was pleased.

"To uproot the children again for the second time and move them across the country is disrupting the stable life they've been building for the past year in South Carolina," family friend Sarah Bynum said after the hearing.

The hearing also revealed new details about Gilley's disappearance. Attorneys showed the court a recent photo of him taken just weeks ago, while he was granted permission to travel to South Carolina for his mother's funeral. In the image, Gilley appeared heavier and with significantly longer hair and a beard.

The attorney for Christa Gilley's parents, Angela Stout, argued the changed appearance was part of an elaborate escape plan.

Lee is currently in custody in Milan, Italy where he is seeking asylum.

Authorities in Harris County are working to have him returned to Texas.

Tim Ballengee, attorney for the Bauer family, shared the following statement:

"We are heartbroken by the ruling in family court today that the children be required to live in Harris County, Texas indefinitely, where they have no family. For over a year, Christa's children have built a life with the Bauers in South Carolina, in a safe and secure community where their mother grew up. They have made new friends, spent time with family, attended school, and played sports. The children have found stability, community, and security in South Carolina following an unimaginable tragedy. Suddenly uprooting them and removing them from their established routine, after all the changes in their lives, is not only disruptive to their healing but to their overall well-being. The Bauers are hopeful the court will reconsider its ruling and continue to put the children's best interests first."