Wealthy mom killed daughter, 4, then herself hours after losing custody to her ex. Now lawyer reveals concerns that saw judge rule she could only see girl in presence of mediator

Disturbing new insights have been offered into why a wealthy Houston mother lost custody of her little girl hours before she shot her dead in a murder suicide.

Cibelle Savella, 35, was not believed to pose any physical safety risk to her four-year-old daughter Vivian, said Charlotte Rainwater, a lawyer who acted on behalf of Vivan’s father Aaron Savella. 

Rainwater, who fought a civil case taken against Aaron by Cibelle, told the Daily Mail that there were fears for Vivian’s emotional wellbeing if she remained in her mother’s custody. 

Asked if there were any fears or indicators that Cibelle, of Houston in Texas, would erupt in violence, Rainwater said: ‘Absolutely not.

‘The custody change occurred based on the judge’s ruling that afternoon, and it was really more based in like an emotional safety for the child. 

‘(That) was more of the basis for that ruling than anything, and it really had nothing to do with the physical safety of the child. 

‘I don’t think anyone involved, the judge, the parties, the lawyers. I don’t think anyone anticipated that this child was in any way, shape, or form potentially in physical danger.’ 

Just a few hours after Tuesday’s ruling by Harris County Judge Audrie Lawton-Evans, Cibelle shot Vivian dead at her $840,000 townhouse in a gated community. 

Cibelle shared the property with her second husband, Chick-Fil-A franchisee Greg Kubala. 

Cibelle also shot herself in the head and initially survived, but succumbed to her wounds in hospital on Thursday afternoon before she could be charged with any crime. 

Rainwater did not share further details on how Cibelle allegedly put Vivian’s ’emotional safety’ at risk. A court docket previously obtained by the Daily Mail offered clues.

Cibelle, who was Brazilian, was banned from speaking Portuguese in front of her daughter unless a Portuguese-speaking third party from the Guardians of Hope service was also present.

Tuesday’s ruling said Cibelle was not allowed to be around Vivian at all unless a member of Guardians of Hope staff was present.

The Houston-based organization provides safe child visitation and exchange services for families caught up in high-conflict custody battles.

Previous court rulings banned either Cibelle or Aaron from disparaging the other in front of Vivian. They were also barred from letting the youngster hear anyone in their company criticize the other parent. 

Vivian was to live with Aaron, a private equity lawyer, after Tuesday’s ruling and was due to be handed over to her dad on the evening of her murder. 

Aaron would be solely in charge of decisions about her schooling, doctors and any medical treatment.

Cibelle was ordered to pay child support to Aaron and contribute 50 percent of the cost of any medical expenses. 

She was banned from attending Vivian’s school activities, including school lunches, performances and field trips.

Cibelle was also banned from consenting on Vivian’s behalf to any medical, dental or surgical treatment her daughter might require during an emergency.  

Rainwater told the Daily Mail that there was no history of Cibelle physically abusing Vivian prior to Tuesday’s murder-suicide.  

She said she was unsure why Cibelle’s marriage to Aaron had ended. 

The couple wed in 2020, split in 2022 and had their divorce finalized by 2024, but legal battles over custody of Vivian were continuing to simmer at the time of the murder-suicide. 

Rainwater said the divorce was resolved to the satisfaction of Cibelle and Aaron. 

She said Cibelle’s decision to murder her child and kill herself was ‘unfathomable’ and that neither she, nor Aaron, nor the ‘sweet’ judge that oversaw the case had any inkling of what would unfold. 

Asked how Aaron was doing, she said his mother happened to be in Houston at the time of the murder-suicide and was now comforting her son.

Rainwater added: ‘I think that they’re doing you know as as good as you can under the circumstances.’

A statement issued on behalf of Aaron after Vivian’s murder said he was ‘devastated’ and added: ‘Aaron did everything the law asks of a parent who is trying to protect his child. He trusted the courts. He followed every order. He waited for the process to work,’ his lawyers said.

‘On Tuesday, a judge placed Vivian in his primary care, and she was supposed to come home to him that evening. She never did.’

The statement went on to say how Vivian was ‘loved without limit by her father, Aaron, and by everyone whose life she touched.’