WHARTON, Texas
--
The ex-wife of a fallen firefighter broke her silence on Thursday and spoke out about the legal battle over her ex-husband's benefits and the controversy surrounding his widow's gender.
Thomas Araguz III died while batting a fire at an egg farm in Boling, Texas, on July 3.
Araguz's mother and ex-wife, Heather Delgado, filed a lawsuit to dissolve his marriage to Nikki Araguz on the grounds that she was not female at birth so the marriage was never legal.
Delgado had two boys with Thomas Araguz. They are now 6 and 9 years old.
Delgado said that with all the attention on her ex-husband's widow, she works hard to shield them. She also said she wants them to get what belongs to them.
"My main focus is reminding the boys that their father died a hero. He died doing what he loved," she said. "My main focus is just to get through each day with the boys -- wondering if they are going to ask about their dad and how I am going to comfort them and what I am going to say."
Delgado and Thomas Araguz's family said his widow, Nikki, should not receive any of the death benefits.
Nikke Araguz said she deserves half.
Under the current rules, at least half of Thomas Araguz's death benefits would go to his children.
The death benefits total at least $600,000.
Delgado and Thomas Araguz's parents are fighting to get 100 percent of the death benefits for the boys.
The judge froze all of Araguz's death benefits until the court decides if the marriage is legal.
Delgado said, based on what she saw at a custody hearing, Thomas Araguz had no idea of his wife's past.
"From Thomas' reaction to a lot of the questions, he was in shock. He even leaned over and looked at Nikki like, 'Yeah, I can't believe that.' He was in shock," Delgado said.
Nikki Araguz's parents said she suffers from rare birth defect called complete androgen insensitivity syndrome, where a person has all of the physical traits of female, but has no uterus. They acknowledge the birth certificate listed in the lawsuit is Nikki Araguz's and that she was born Justin Graham Purdue.
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