Dukes says wife let him keep kids overnight

TAMPA - Elijah Dukes says his estranged wife agreed he could keep their children overnight, despite her claims this morning that he was to return them Wednesday by 8:30 p.m.

NiShea Gilbert, who is seeking a divorce from the inactive Devil Rays player, could not locate her children this morning, her attorney said. Dukes picked up the two young children from daycare Wednesday afternoon, with the understanding that he would return them to Gilbert by their bedtime, said Catherine Real, Gilbert's attorney.

Real said she planned to file an emergency motion with the court today, asking a judge to order that Dukes return his children to their mother. Real said she also planned to call the Sheriff's Office.

A judge lifted a restraining order on Monday at Gilbert's request, allowing Dukes to have unsupervised visits with the children. The judge also amended a restraining order against Dukes that kept him from contacting Gilbert. The two can now see each other to exchange the children, or when they're spending time with them together.

During a court hearing this morning on a July violation of the restraining order, Dukes' attorney, Grady Irvin, told the judge about the latest developments.

Dukes explained that nothing in a different judge's order on Monday lifting the restraining order said he had to return the children by a certain time. The court allowed Gilbert and Dukes to work out details on their own.

Real said that Gilbert called Dukes Wednesday night when he didn't return the children by 8:30. Gilbert told Real that it sounded like Dukes was at a party. He told Gilbert that one of the children was with his mother and the other was with his sister.

Dukes screamed at Gilbert on the phone, Real said, and later stopped answering her calls.

"She described him as the same old Elijah," Real said.

Grady Irvin, a local attorney with experience representing professional sports figures, disputed that today. He said Dukes was at home, where he was having a pizza party for the children. Irvin said Dukes knew he had a court hearing early today about the July violation and planned on spending the evening at home.

Dukes showed Irvin missed calls on his phone from Gilbert and her relatives. Some of the calls came in as late as 1 a.m., Irvin said.

"It concerns me very much that it appears Catherine Real doesn't care much about this family," Irvin said.

Irvin told the judge that Dukes would make arrangements to return the children.

Real planned to meet with Gilbert today talk about what happened.

The judge handling their divorce has scheduled a hearing with the attorneys this afternoon to talk about custody issues.

The Devil Rays removed Dukes from the roster in the face of allegations from Gilbert that Dukes threatened her and the kids. She told a judge Monday that she no longer feared Dukes and asked him to lift a restraining order.

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-- Kevin Graham, Times staff writer