Local News in Brief : Court Delays Custody Hearing for 3-Year-Old Adopted Child

A Ventura County Juvenile Court hearing on the fate of Evelina Ester’s 3-year-old daughter, who has been the focus of a two-year custody battle, has been postponed until Feb. 1.

Lawyers in the case agreed Tuesday to submit names of psychologists to the judge, who will select one to help determine if the child would be harmed if she were taken from her adopted parents and returned to Ester, her natural mother.

Ester gave up her daughter, Cheryl, for adoption soon after the child was born in Simi Valley in April, 1981. Eleven months later, Ester asked for the child back. When county officials refused Ester’s request, Ester filed suit to get custody, alleging that a county social worker falsely told her she had up to a year to change her mind about the adoption.

A Ventura County Superior Court judge and the state Court of Appeal agreed with Ester. They sent the case to Juvenile Court to determine whether it would be in Cheryl’s best interests to return her to her natural mother, who now lives in Tujunga.

According to Ester’s lawyer, Maxine R. Benmour, at Tuesday’s hearing the county reiterated its position that Cheryl has grown accustomed to her adoptive parents and would be harmed if returned to Ester, 43.