UPDATED: 2019/02/17 1:00PM

Colorado woman Kelsey Berreth was last seen alive three months ago and her fiance, Patrick Frazee, has been charged with murder. Her body has not been found.

In addition to criminal proceedings, Berreth’s family is updating a wrongful death suit against Frazee, citing a custody dispute as the motive for killing his fiance. The original suit was filed by Kelsey’s parents, Cheryl-Lee Ellen Berreth and Darrell Lynn Berreth in January 2019. In the documents, it is stated that “Frazee had a motive to kill Kelsey in that he wanted full custody of their daughter…and Kelsey would not agree.”

According to the documents, Kelsey’s parents hadn’t heard from Kelsey and called her fiance to check in on her. That is when Frazee gave them “false statements, misrepresentations, and/or calculated omissions,” including a claim that he and Kelsey had decided to share custody 50/50. He also suggested that Kelsey had flown somewhere with a friend or co-worker when asked about her disappearance.

The Berreths are asking for a jury trial in the wrongful death suit, which will go to federal court.