LilMtnCbn
08-28-2004, 08:39 AM
http://www.amarillonet.com/stories/082804/new_fourshare.shtml
Four to share visitation of 2-year-old child
By JIM McBRIDE
jim.mcbride@amarillo.com
The Amarillo Globe-News
A Randall County judge Friday named the adoptive and biological parents of
212-year-old Savannah Sierra Gutierrez as temporary joint managing
conservators for the girl pending a final custody hearing.
Randall County Court at Law Judge James Anderson's ruling came after a
visitation agreement was reached late Friday by both sides and it capped an
afternoon of emotional testimony.
Anderson's temporary order grants limited visitation rights to the girl's birth
mother, 17-year-old Ashley Gutierrez, and 18-year-old Joseph Gonzalez, her
biological father.
The decision grants some day visits and overnight stays for the child's
biological parents, but allows the girl to stay with adoptive parents, Jeff and
Alicia Gurney, for most of the time until final custody is decided.
Sierra Savannah Gutierrez has been the subject of a hotly contested legal
custody battle since July 2002, five months after she was born. Ashley
Gutierrez, a teenager from Muleshoe, wanted her daughter back, saying she never
intended to give her up for adoption. Joseph Gonzales, the girl's biological
father, also is seeking custody.
A jury terminated parental rights of Gutierrez and Gonzales in May 2003, but an
appeals court overturned that ruling in January. The Gurneys appealed that
decision in April to the Texas Supreme Court, which denied a rehearing earlier
this month.
The Gurneys filed another lawsuit seeking temporary custody after they received
a writ requesting they give the child back to her mother.
On Friday, Anderson denied a legal move by the girl's biological parents that
asked him to turn her over to them immediately.
During Friday's hearing, Ashley Gutierrez testified she graduated from high
school early and is now attending college to provide a secure future for her
daughter.
Kyle Lewis, one of her attorneys, asked Ashley Gutierrez why she felt a strong
bond with her daughter.
"Because I'm her mother," she said, breaking into tears on the stand.
Ashley Gutierrez, who cried throughout her emotional testimony, said she thinks
about her daughter every day and wonders how she's doing.
"I know she's taken good care of. I know that," she said. "I just missed seeing
her walk for the first time, seeing her say her first word."
Ashley Gutierrez, who calls her daughter "Savannah," said she tried to see her
and sent letters to attorneys seeking visitation, but never got a response.
Joe Marr Wilson, attorney for the Gurneys, asked Ashley Gutierrez why she had
never sent her daughter birthday cards, Christmas cards or an Easter basket.
"I couldn't take it," she said through the tears.
Gonzales told the court he wanted his daughter back and asked the court to
return her.
"It can bring her back into my life," he said. "It's been too long, way too
long."
Gonzales said he wants to be a dad to his daughter. He told the judge he and
Ashley Gutierrez could work out joint visitation, and that his family would
help care for the girl. He told Anderson the Gurneys never answered his calls
when he wanted to see his daughter and that they eventually changed their phone
number.
Dr. Mark Izzard, a psychologist testifying for the Gurneys, said the girl has
bonded with her adoptive parents. Breaking that bond, he said, could be
devastating to the girl and affect her emotional well-being.
Laura Hamilton, Ashley Gutierrez's attorney, declined comment on the judge's
order and but referred to the testimony of the girl's biological parents. Cindy
Barela, Gonzales' attorney, also declined comment after Friday's hearing.
Jeff Gurney said he felt a little sadness and a little joy after the ruling.
"We know that it's going to be extremely difficult for Sierra to go off with
these folks she hasn't seen for 16 months. ... She's going to be missing her
friends at day care. She's not going to be keeping the same hours at the
house," he said. "We're her parents. We're the only parents she's known."
Alicia Gurney said she, too, was concerned about the new visitation
arrangements.
"My concern is how she is going to react when they come to pick her up at the
house, not knowing who they are," she said.
Wilson said the judge's temporary order remains in effect until a final custody
hearing in November.
"At this point in time, the stated desire of the court is to reintegrate the
child a little bit with Ashley and Joseph, so that when we get to the trial
date - no matter what happens ... that the child will be in at least a better
position."
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
Four to share visitation of 2-year-old child
By JIM McBRIDE
jim.mcbride@amarillo.com
The Amarillo Globe-News
A Randall County judge Friday named the adoptive and biological parents of
212-year-old Savannah Sierra Gutierrez as temporary joint managing
conservators for the girl pending a final custody hearing.
Randall County Court at Law Judge James Anderson's ruling came after a
visitation agreement was reached late Friday by both sides and it capped an
afternoon of emotional testimony.
Anderson's temporary order grants limited visitation rights to the girl's birth
mother, 17-year-old Ashley Gutierrez, and 18-year-old Joseph Gonzalez, her
biological father.
The decision grants some day visits and overnight stays for the child's
biological parents, but allows the girl to stay with adoptive parents, Jeff and
Alicia Gurney, for most of the time until final custody is decided.
Sierra Savannah Gutierrez has been the subject of a hotly contested legal
custody battle since July 2002, five months after she was born. Ashley
Gutierrez, a teenager from Muleshoe, wanted her daughter back, saying she never
intended to give her up for adoption. Joseph Gonzales, the girl's biological
father, also is seeking custody.
A jury terminated parental rights of Gutierrez and Gonzales in May 2003, but an
appeals court overturned that ruling in January. The Gurneys appealed that
decision in April to the Texas Supreme Court, which denied a rehearing earlier
this month.
The Gurneys filed another lawsuit seeking temporary custody after they received
a writ requesting they give the child back to her mother.
On Friday, Anderson denied a legal move by the girl's biological parents that
asked him to turn her over to them immediately.
During Friday's hearing, Ashley Gutierrez testified she graduated from high
school early and is now attending college to provide a secure future for her
daughter.
Kyle Lewis, one of her attorneys, asked Ashley Gutierrez why she felt a strong
bond with her daughter.
"Because I'm her mother," she said, breaking into tears on the stand.
Ashley Gutierrez, who cried throughout her emotional testimony, said she thinks
about her daughter every day and wonders how she's doing.
"I know she's taken good care of. I know that," she said. "I just missed seeing
her walk for the first time, seeing her say her first word."
Ashley Gutierrez, who calls her daughter "Savannah," said she tried to see her
and sent letters to attorneys seeking visitation, but never got a response.
Joe Marr Wilson, attorney for the Gurneys, asked Ashley Gutierrez why she had
never sent her daughter birthday cards, Christmas cards or an Easter basket.
"I couldn't take it," she said through the tears.
Gonzales told the court he wanted his daughter back and asked the court to
return her.
"It can bring her back into my life," he said. "It's been too long, way too
long."
Gonzales said he wants to be a dad to his daughter. He told the judge he and
Ashley Gutierrez could work out joint visitation, and that his family would
help care for the girl. He told Anderson the Gurneys never answered his calls
when he wanted to see his daughter and that they eventually changed their phone
number.
Dr. Mark Izzard, a psychologist testifying for the Gurneys, said the girl has
bonded with her adoptive parents. Breaking that bond, he said, could be
devastating to the girl and affect her emotional well-being.
Laura Hamilton, Ashley Gutierrez's attorney, declined comment on the judge's
order and but referred to the testimony of the girl's biological parents. Cindy
Barela, Gonzales' attorney, also declined comment after Friday's hearing.
Jeff Gurney said he felt a little sadness and a little joy after the ruling.
"We know that it's going to be extremely difficult for Sierra to go off with
these folks she hasn't seen for 16 months. ... She's going to be missing her
friends at day care. She's not going to be keeping the same hours at the
house," he said. "We're her parents. We're the only parents she's known."
Alicia Gurney said she, too, was concerned about the new visitation
arrangements.
"My concern is how she is going to react when they come to pick her up at the
house, not knowing who they are," she said.
Wilson said the judge's temporary order remains in effect until a final custody
hearing in November.
"At this point in time, the stated desire of the court is to reintegrate the
child a little bit with Ashley and Joseph, so that when we get to the trial
date - no matter what happens ... that the child will be in at least a better
position."
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
