Father Appealing for Sole Custody in Surrogate Case

Robert P. Moschetta, embroiled in a legal battle with the surrogate mother of his daughter, Friday petitioned the 4th District Court of Appeal for a court order granting him sole legal and physical custody of 15-month-old Marissa Moschetta.

On Sept. 26, Superior Court Judge Nancy Wieben Stock ruled that surrogate mother Elvira Jordan deserved to share custody of the child she bore through artificial insemination for Robert and Cynthia Moschetta.

In her decision, the judge overruled a court-ordered report that Moschetta be given sole custody of the girl, while Jordan be given only visitation rights. Moschetta is asking the higher court to review the judge’s decision and grant him sole custody.

In Stock’s ruling, Jordan was granted physical custody of the child from 8 a.m. to 4 p.m., Monday through Friday, and that Robert Moschetta would have her the rest of the time. Holidays and vacations would alternate between them.

In the petition to the appellate court, Moschetta’s attorney, Edie Wittick Warren, contended that Stock’s ruling amounted to “interim orders” and not in the best interests of the child.

Jordan’s attorney, Richard Gilbert, vehemently disagreed with Warren’s contentions, and said that the judge’s ruling was not temporary but permanent. He predicted the petition will likely be denied.

Cynthia J. Moschetta, who is legally separated from Robert, was granted no visitation rights. She is not a party in her husband’s petition.