Kevin Franke filed for guardianship over daughter Abby before wife Ruby’s sentencing for child abuse

The estranged husband of child abuser Ruby Franke filed for a guardianship over the former couple’s 16-year-old daughter, Abby, court filings seen by Page Six show.

Kevin Franke submitted the request for custody on Feb. 9, less than two weeks before Ruby learned how much time behind bars she could be facing.

Although the legal documents are sealed, the docket confirms the petition’s filing.

Kevin Franke filed for a guardianship over his 16-year-old daughter, Abby, before his wife, Ruby Franke, was sentenced to prison. moms_of_truth/Instagram

Kevin’s attorney, Randy S. Kester, didn’t immediately return Page Six’s request for comment.

Kevin, 45, has been trying to regain custody of his four minor children, Abby, Julie, 15, Russell, 12, and Eve, 10, ever since the disgraced “8 Passengers” host, 42, was arrested in August 2023 for aggravated child abuse.

Ruby and Kevin also share two adult children, Shari, 20, and Chad, 19.

The documents have been sealed, but the docket shows he submitted the petition on Feb. 9. moms_of_truth/Instagram

When police locked up Ruby and her former business partner, Jodi Hildebrandt, the kids entered the care of Utah’s Department of Child and Family Services. Kevin filed for divorce and custody shortly thereafter.

His case in juvenile court has been sealed, but it is ongoing.

Kester told Page Six at the time that his client’s “urgent focus is simply to keep his children together under his fatherly care.”

Kevin has been fighting to regain custody of his four minor children since Ruby’s arrest in August 2023. Instagram/@moms_of_truth

A couple of weeks later, Kester told the “Today” show that Kevin, who has not been charged with any crime and denied any involvement in the abuse, was looking to make amends with his family.

“[Kevin] is making an effort to rebuild and bridge these relationships rather than sling mud and point fingers,” the lawyer said.

“He is focused on doing what is best for his kids at this point, even if that means undergoing some introspection.”

Ruby and her former business partner, Jodi Hildebrandt, each face up to 60 years behind bars but will serve only up to 30 because of a Utah law. AP

As part of his efforts to reunite with his children, Kevin also filed a motion requesting Hildebrandt be financially responsible for their ongoing medical care, as she caused “aggravated psychological and emotional injuries.”

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“It is clear and admitted that the children suffered immediate and continuing irreparable harm as a result of the crimes perpetrated upon them by [Hildebrandt],” the patriarch wrote in the motion.

The children have been under the care of the state. moms_of_truth/Instagram

Kevin requested the judge prevent the liquidation or transfer of Hildebrandt’s assets, including her house, which was listed for sale for $5.1 million, so the funds could be made available for his kids’ recovery.

A judge later ruled that Hildebrandt must set aside $100,000 for the minors after the sale of her home is finalized.

On Tuesday, the judge presiding over Ruby’s case sentenced the disgraced YouTuber and Hildebrandt, 54, to the terms of their plea — four counts of one to 15 years, served consecutively; however, Ruby will serve up to 30 years maximum, as a Utah law caps imprisonment time on consecutive sentences.

The former couple’s two eldest kids, Shari and Chad, remain estranged from their mother. passengers_official_/Instagram

The Utah Board of Pardons and Parole will determine the duo’s exact amount of prison time, and both Ruby and Hildebrandt will have 30 days to appeal the decision.

“I am humbled and willing to serve a prison sentence for as long as I need,” Ruby, who admitted in her plea to starving her children, told the judge as she fought back tears.

“I am committed to unlearning my toxic behavior.”