Las Vegas Sun

May 7, 2024

Columnist Sandy Thompson: Tiny baby at center of custody dispute

Sandy Thompson is vice president/associate editor of the Las Vegas Sun. She can be reached at 259-4025 or e-mail at [email protected]

SHORTLY AFTER entering this world, a tiny baby with striking blue eyes entered the Clark County Family Court system.

When her father could not cope with his crumbling marriage, he took the then 3-week-old to California on a "vacation" to "cool off."

The mother was frantic, fearing they would not return to Las Vegas. To make matters worse, the baby has a heart condition and is being monitored for congestive heart failure, according to her doctor.

Metro Police said there was nothing they could do since it was not an actual kidnapping. The mother hired an attorney who tried contacting the father. The father eventually returned here but did not want to give the baby to the mother. She took the case to Family Court.

Because of privacy issues, we'll refer to the father and mother as Ned and Carol.

Ned claimed Carol suffered from post-partum depression after she gave birth to the baby by Caesarean section. He said Carol cried unconsolably and had screamed at the baby when she was fussy.

Carol said she had been depressed and felt pulled in many directions after the baby's birth, but she did not take it out on the baby. She said she properly cared for and loves the baby.

While Ned pointed to Carol's alleged behavior, his own actions were questionable.

According to attorney Nathan Gibbs, Ned was stressed over the breakup of his marriage, so he quit his job and went to California with the baby. He said it was just a "cooling-off period."

"That's hardly cause for alarm," Gibbs said at a recent court hearing.

That's indeed cause for alarm, Carol's attorney Robert Glennen countered, pointing out that Ned caused the baby to miss a scheduled doctor's appointment. Also, Ned had not told anyone at work he was leaving, and he had the power turned off in the apartment where Carol was living.

Child Protective Services, Glennen said, had looked into the baby's welfare, but did not open a case. A public health nurse said she visited the couple's apartment and observed Carol with the baby. The nurse was not aware of any problems and said the baby looked well-cared for.

Glennen said Carol is no longer on medication and is stable, according to her doctor. She attends support group meetings on post-partum depression. Glennen asked Family Court Judge Gloria Sanchez to give Carol primary custody because Ned denied her access to the baby, which violates Nevada law.

Sanchez said Ned's actions did not constitute kidnapping, but she questioned why he would not allow Carol contact with the baby. She suggested the couple go to mediation to work out a parenting plan.

"Mediation gives you control over your child's life and over how your child is raised," Sanchez said, adding that the couple -- rather than a "stranger in a black robe" -- should make such decisions.

The judge's main concern was that both parents bond with the baby. Giving them joint custody, she ordered that the baby be turned over to Carol and that Ned work out a visitation schedule.

After the hearing, the tiny baby was placed in Carol's arms. Tears streamed down the mother's face as she kissed her daughter.

The young couple has had two mediation sessions, but could not reach an agreement.

The baby, now less than 3 months old, is gaining weight and doing well, Carol said. A public health nurse is monitoring the baby's progress. Carol is living with her family, so she has help caring for the baby.

Sanchez couldn't have been more right when she said couples should agree on their own parenting plan rather than have a stranger make such an important decision.

Let's hope this tiny baby won't be another human yo-yo bouncing around the Family Court system for the next 18 years.

archive