Emilie Kiser Wasn’t Home at the Time of 3-Year-Old Son’s Drowning

Emilie Kiser is working to keep certain details about the death of her three-year-old son Trigg sealed.

On May 27, Kiser filed a lawsuit in Arizona Superior Court for Maricopa County, aiming to keep records of Trigg’s death out of public view, including footage of the accident.

PEOPLE can confirm that Kiser also filed a personal declaration about her grief and trauma. On June 3, the court granted her temporary confidentiality on her larger request for privacy. They also ruled to keep that declaration sealed until they rule on the larger privacy issue.

Trigg died in an “accidental drowning” at the family’s home, according to court documents. Kiser’s lawyer wrote in the original filing that the Kiser family “desperately want to grieve in private, but sadly, the public will not let them,” and noted Trigg’s death “has become a media frenzy.”

A source tells PEOPLE that Kiser was not home at the time of Trigg’s drowning and wishes footage to remain sealed so she does not have to “relive the aftermath through viral” videos.

“With her motion, Emilie Kiser is urging the court to keep private the footage and records related to her young son’s death – a deeply personal, and reasonable, plea to prevent the public release of the most traumatic moment of her life,” the source says.

The source notes that while the influencer’s “public profile does not negate her right to privacy,” it also doesn’t “make her son’s death a matter for public consumption.”

“Public agencies have received over 100+ public records requests for the footage of a toddler’s death, which only serves to satisfy morbid curiosity more than any type of justice,” the insider continues.

Trigg was found unconscious on Monday, May 12. He died on Sunday, May 18, police confirmed to PEOPLE.

The Chandler, Ariz. police department said in a statement at the time, “Our thoughts and deepest condolences are with the child’s family and loved ones during this unimaginable time.” 

“The investigation into the circumstances surrounding this incident remain ongoing. This is still an open investigation,” the statement continued. “Out of respect for the family’s privacy, we will not be releasing additional details until the investigation is closed.”

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Kiser’s lawyer wrote in the original filing, “The records requested presumably reveal graphic, distressing, and intimate details of Trigg’s death that have no bearing on government accountability.” 

Emilie and her husband Brady, welcomed Trigg, their first child, in July 2021. Their second child, son Theodore, was born in March.

Kiser is “trying her best” to be there for her surviving son, two-month-old Theodore, the May 27 filing states, “But every day is a battle.”