2007_10_mm.jpgLast Sunday morning, Daniel Malakov was fatally shot three times in the chest just after dropping off his daughter to his ex-wife, Marina Borukhova. While the police have no suspects in his murder, much attention has been drawn to contentious custody battle he had with Borukhova over their 5-year-old daughter Michelle. And with his death, the fight has gotten messier.

Malakov had been given temporary custody of Michelle just before his death. The child was taken into the custody of the Administration for Children's Services after witnessing her father's murder and was later placed with her father's parents.

Borukhova, who administered CPR to her dying ex, has been fighting for custody of the child in a Queens courtroom. On Thursday, a court-appointed psychologist said that Michelle should not be returned to her mother, noting that Borukhova had falsely accused her ex-husband of sexually abusing their daughter. Borukhova also claimed that Malakov's parents were abusing Michelle (her grandmother allegedly hit her), which lead to Michelle being removed from her paternal grandparents and being placed in foster care.

The Malakovs provided photographs to the Post of Michelle happily smiling for a camera on Thursday and said, "Nobody touched her. Everybody loves her. It's unbelievable." Malakov's family has also accused Borukhova and her family of being behind the killing. The custody battle will continue with another hearing tomorrow.