Biological Father Charges That Surrogate Mother Is Violating Custody Order

A surrogate mother who was awarded joint custody of a child she bore for an infertile couple is violating a judge’s order by keeping the toddler longer than she is supposed to, the biological father has charged in court papers.

The child’s father, Robert Moschetta, is asking Orange County Superior Court Judge Nancy Wieben Stock to find surrogate Elvira Jordan in contempt for allegedly breaching the joint-custody arrangement. A hearing on the matter has been set for Feb. 13.

Moschetta’s attorney, Edie W. Warren, said Tuesday that her client filed for the contempt order to “get Elvira’s attention and make her abide by the court order.”

Jordan’s attorney, Richard C. Gilbert, said he had not seen the court papers but believes the allegations are baseless.

“This is a vindictive man,” said Gilbert of Moschetta. “Elvie’s clearly not in contempt.”

The filing marked the latest wrinkle in a bitter custody battle over now-20-month-old Marissa Jordan Moschetta. The case attracted national attention as Moschetta, his ex-wife, Cynthia, and Jordan all vied for custody rights to the baby after the breakup of the Moschettas’ marriage.

Robert Moschetta, who lives in Lakewood, and Jordan, who lives in Cudahy, were granted joint custody of Marissa last September after nine months of legal sparring. Cynthia Moschetta, who had no biological ties to the child, was granted neither custody nor visitation.

According to court documents filed Jan. 22, Moschetta claims that Jordan, who has custody of the child from 8 a.m. to 4 p.m. Monday through Friday, has “failed to relinquish custody” of Marissa on three occasions. Two of the three times were on holidays.

Gilbert said that the court order is “ambiguous” regarding custody times on holidays.

The joint-custody arrangement has not worked out well, according to Warren.

The child, she said, occasionally has “screaming fits at night” and Moschetta and Jordan have “significant communication problems.”

Gilbert, however, said that despite the public bickering, the two parents actually “work well together.”

He said the biggest problem they have is “deciding what kinds of shoes the child should wear.”