Father Says He’d Give Up Baby for Her Own Good

A father seeking custody of a baby girl born to a surrogate mother testified Thursday that he wants to do what is best for the child, even if it means he has to give her up.

Robert Moschetta, the baby’s biological father, said he agrees with a court-appointed psychologist’s recommendation that he be granted sole custody. However, when asked what he would do if custody were granted to surrogate mother Elvira Jordan, Moschetta said he would relinquish the child.

“I guess I would go along with what’s in my daughter’s best interest, as hard as that might be,” he said.

Although Moschetta said he would comply with the court’s ruling, he testified that he had “serious concerns” about Jordan’s background and commitment to the child.

Jordan, 42, and Moschetta, 35, are both battling for sole custody of the girl that Jordan bore through artificial insemination for Moschetta and his now estranged wife, Cynthia Moschetta, 51. The surrogacy contract dissolved after Jordan learned that the couple was planning a divorce.

Last April, Jordan and Robert Moschetta were granted parental rights during the first phase of the custody battle. Cynthia Moschetta, who had helped raise the child for about six months, was denied any parental rights because she had no biological link to the baby. She currently has visitation rights.

On Thursday, Rita Berlin, a court-appointed counselor, recommended that Cynthia Moschetta be given no mandated visitation rights.

After hearing a similar recommendation on Wednesday, Cynthia Moschetta lashed out at her estranged husband and yanked off his toupee before a crowded courtroom.

As a result of that incident, Superior Court Judge Nancy Wieben Stock issued a restraining order Thursday against Cynthia Moschetta, prohibiting her from coming within 10 feet of Robert Moschetta. The couple sat at opposite ends of a long table in the courtroom.

The judge also revoked Cynthia Moschetta’s temporary visiting privileges for at least the rest of the week.

During his testimony, Robert Moschetta said he thought Cynthia Moschetta should not be granted any visitation rights.

“I am concerned about the type of behavior we all witnessed” Wednesday, he said.

Berlin, co-author of the court-ordered report recommending that Robert Moschetta be granted sole custody of the child, testified that she thought it “would be detrimental” to take the girl away from her father. She added that Jordan should not be allowed to take the baby to her residence in Cudahy in Los Angeles County because the neighborhood is too dangerous.

Berlin, a licensed marriage, family and child counselor, said the child has already bonded with the father and responds to him as the “primary parent.” She testified that Jordan is a capable mother but said she was concerned during “home observations” that Jordan was not totally aware of the baby’s needs.

The trial is expected to continue Tuesday.