Attorney: Jeffrey Gilseth advised to waive extradition in abduction case

Maria Gilseth and her husband Jeffrey Gilseth were arrested after a traffic stop in Topeka, Kan. (Booking photos)

KILLEEN, Texas (KWTX) The attorney for Jeffrey Gilseth, one of the parents accused of abducting his three children from Killeen last week, is speaking out about the upcoming legal process and his advice to the couple.

According to online records, the Gilseths will face a judge on March 20 in Shawnee County, Kansas. Eddie Shell, Jeffrey Gilseth's attorney, says the court date is to determine whether or not they will waive extradition back to Bell County or request an extradition hearing.

Shell says he's already given his advice to Jeffrey Gilseth.

"It's time for Jeffrey to decide whether he's going to fight extradition or whether he's going to waive extradition and come back to Texas. I've advised him to waive the extradition and come on back to Texas," Shell said.

The Gilseths are accused of abducting their three boys from a supervised visit on Feb. 21 in Killeen. They do not have custody of their children. According to court records, the children were removed in May 2018 due to a history of family violence.

Both Jeffrey and Maria Gilseth were arrested in Topeka, Kan., on Wednesday where they are currently jailed in Shawnee County jail. Even with the arrests, Shell says the couple should still keep fighting for their children.

"I believe that CPS failed this couple. They never had any intention of working towards reunification. In Texas, which is maybe the only state, you are entitled to a jury trial for the jury to determine whether or not you can get custody of your kids," Shell said.

He added that it would be a good chance that a jury could side with the parents.

Earlier this week, CPS stated they are working to figure out the best option for the three brothers. According to Shell, Jeffrey Gilseth's mother has put in a "homestead" request to Kansas authorities to try and get custody.