The tragedy occurred last month.

The news comes as the 26-year-old has reportedly filed a lawsuit in Arizona Superior Court for Maricopa County to keep records of her son, Trigg’s death out of public view.

This includes footage of the accident, which occurred on May 12, with a source telling PEOPLE Kiser does not have to 'relive the aftermath through viral' videos.

PEOPLE have further confirmed that Kiser has also filed a personal declaration about her grief and trauma.

On June 3, the court granted temporary confidentiality on her larger request for privacy, as well as keeping that declaration sealed until they rule on the larger privacy issue.

The lawyer for the Kiser family wrote in the original filing that they 'desperately want to grieve in private, but sadly, the public will not let them'.

The lawyer further highlighted that the tragedy has 'become a media frenzy.'

According to court records, the three-year-old's death has been labelled an 'accidental drowning.'

A source told PEOPLE that Kiser, who has over 4 million TikTok followers, was not home at the time of the drowning.

"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 added 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," they continued.

The police confirmed to PEOPLE that Trigg passed away on May 18, six days after the incident.

In a statement, the Chandler, Arizona police department stated: "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 remains 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."

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

According to the May 27 filing, Kiser is 'trying her best' to be there for her surviving son, two-month-old Theodore, 'but every day is a battle'.