Aissa Wayne’s Ex-Husband Gains Custody of the Couple’s Daughter

An Orange County judge has denied Aissa Wayne custody of her 23-month-old child, calling the daughter of the late actor John Wayne “emotionally immature” and questioning her commitment to parenting.

Superior Court Judge Robert E. Owen ruled Monday that the child, Anastasia, should be raised by her father, Thomas A. Gionis, 35, an orthopedic surgeon in Pomona.

Although Wayne had temporary legal custody of the child, she and Gionis, her third husband, had effectively shared custody since their separation, Gionis said. Beginning Feb. 10, Gionis will get full custody, with Wayne allowed visitation every other weekend.

In his ruling, Owen said of Wayne, 32, of Newport Beach: “The mother, although loving, lacks familiarity with the child, is emotionally immature and lacks direction herself.”

The judge added: “The mother does not spend the time that she could spend with the minor but prefers to spend it elsewhere and leave the hour-to-hour business of caring for the minor to her housekeepers.

“The court finds it clear that the mother has no direction in her own life, so how can she direct the minor in the near future when the minor will need direction most? On the other hand, the father has direction and goals and has the ability to direct the minor in a useful and productive future.”

Wayne could not be reached for comment. But Gionis said Tuesday that he was “very, very pleased, grateful and really honored by the judge’s decision.” He declined to comment on the judge’s characterizations of his ex-wife.

“The fact remains that we are both still the parents of the child, and we’ll have to work together, and I look forward to us all sharing a lot of happy moments together.”

Wayne, who has two older children by a previous marriage, was married to Gionis from February, 1986, through June, 1987.

Monday’s ruling ended a custody fight that had begun in November, just a month after Wayne and her friend Roger W. Luby, a financier, were the victims of a bizarre attack at Luby’s $3.5-million Newport Beach estate.

Two gunmen bound and pistol-whipped the couple and slashed Luby’s Achilles’ tendon. Newport Beach police said they are still investigating the incident.

In court, Gionis’ attorneys pointed to the attack as an indication of possible danger to the child. They also alleged a pattern of harassment. In one such incident, they contended, Gionis was returning Anastasia to Wayne at her home when an unidentified man pointed a loaded gun at Gionis’ mother in their limousine.

Wayne and her attorneys have several legal appeals open to them before Owen’s order takes effect, but the judge said he expects his custody ruling to be final.