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ORONO, MN – Police in Minnesota say a woman hanged herself and her 5-year-old son in the basement of her home.

Police were first called to the home of 47-year-old Gina Sommers after the father of her 5-year-old son was unable to get in touch with her.

The boy’s father, Jeffry Sandberg, was in the middle of a custody battle with Sommers and was scheduled to pick up his son at 4 p.m., but Sommers was not answering her phone or coming to the door.

When police arrived, they left shortly after stating there wasn’t much they could legally do at that time but to call them back if the situation remained the same.

Sandberg called back a few hours later stating the situation had not changed and that a family member was on their way to the home with a set of keys.

Police used the keys to gain entry into the home and found Sommers and her son hanged in the home’s basement.

“It wouldn’t have mattered if we would have [entered] at that 4 o’clock time or that 8 o’clock time,” Police Chief Correy Farniok said. “[The deaths] occurred prior to that time.”

Court records show Sommers and Sandberg never married but had their son, Jude, through vitro fertilization. When the couple split, Sandberg allegedly agreed to pay 50 percent of the fertility treatments Sommers underwent.

Sommers had filed a civil suit against Sandberg for that money he allegedly had not paid, as well as 9 months of child support she said he also had not paid. In one document Sommers stated she and her son were living in poverty.

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