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La Crosse County Circuit Judge Todd Bjerke granted guardianship Tuesday of See Her’s four surviving children to Pama Her, of Morganton, N.C., part of the family that has raised See Her.
Bjerke’s decision went against the advice of Ross Seymour, the guardian ad litem, who recommended the children remain with Ter and Alyssa Yang of Onalaska, Wis., who have cared for the children since June 15.
The case represented a clash between two Hmong clans and two traditions — the unwritten customs that govern family relations in Hmong culture and the U.S. formal legal system.
Ter and Alyssa Yang filed the original petition for the children, ages 13, 12, 8 and 5. Ter Yang is a first cousin of Cha Yang, the 34-year-old man who drowned along with Her and two of her children. Their biological father had been murdered in North Carolina.
At Her’s funeral, elders representing each clan — the Hers of North Carolina and the Yangs of the La Crosse area — came to an agreement: the Yangs would have guardianship, according to Hmong tradition.
But two months after learning the Yangs had filed a legal petition for guardianship, Pama Her filed his own petition for guardianship.
Pama Her filled the role of See Her’s older brother as they grew up, although his family never legally adopted her, according to statements in La Crosse County court Tuesday.
See Her and her six children lived with Pama Her and his family in North Carolina for a time before she remarried. In 2005, she and Cha Yang wedded in a Hmong ceremony and moved to St. Paul.
Ellen Frantz, Pama Her’s attorney, argued he didn’t have a voice in the Hmong process that led to the Yangs gaining guardianship.
Money also was raised as an issue. Yang family members said they paid about $71,000 for the three funerals.
Under questioning from his lawyer, Ter Yang suggested Pama Her became interested in guardianship after hearing about $478,000 in life insurance from the deaths.
The Yangs also said the Hers did not participate in search efforts for the bodies and did not remain in La Crosse for the funeral of Amanda Xiong, See Her’s 8-year-old daughter, who also drowned.
Pama Her said he missed the funeral because he had no more vacation days from work.
In his ruling, Bjerke said he had to go against Hmong tradition and culture and look to the relationship established over time — that of See Her with the Her clan.
“A lot of deference needs to be given to the Hmong culture and their traditions,” Bjerke said. “But there are still laws under the U.S. that need to be followed when trying to determine these things.”
In May, relatives of See Her had gathered beside the Mississippi River, praying to spirits to locate the drowned 34-year-old mother of six from St. Paul. Tuesday, many of the same relatives wept with the two eldest children after the decision.
“I’m just so mad,” said K.T., a family spokesperson. “It is hard to comfort them when you know you’re going to lose them.”
Pama Her, whose daughter translated his words, said while he was grateful he had won guardianship, it was heartbreaking to see the children crying.
Frantz said the four children likely would move to North Carolina at the end of the week.
Joe Orso can be reached at (608) 791-8429 or jorso@lacrossetribune.com and Dan Simmons can be reached at (608)791-8217 or dsimmons@lacrossetribune.com.
