Mom Renews Custody Fight With Ex-Friend

A woman who lost custody of her biological daughter to an unrelated Van Nuys man was back in court Wednesday for the first time since a state appeals court overturned the original custody decision.

No decision was reached, and the private hearing about the future of 8-year-old Courtney Thomas was expected to continue today in the Family Court branch of Los Angeles Superior Court.

Catherine Thomas lost custody of Courtney three years ago to Kevin Thomas, a former family friend who had helped raise the child but never claimed to be her biological father or Catherine Thomas’ husband.

But in February, the 2nd District Court of Appeal ruled against Kevin Thomas and ordered Superior Court Judge Martha Goldin to rehear the unusual case. The appeals court said that Goldin’s decision could pave the way for any baby-sitter, friend or stepparent to assert their rights over those of biological parents.

Kevin Thomas, who is openly gay, had helped care for Courtney when she was small and even changed his last name to Thomas to match the child’s. He had never lived with the family but was a close friend and was listed on Courtney’s birth certificate as her father. In 1992 he sued Catherine Thomas, a single mother of three, for parental rights after they had a falling out and she tried to restrict his access to her children, including the girl.

Neither Catherine Thomas nor Kevin Thomas would comment on Wednesday’s hearing. Attorney Michael Goch, who represents Catherine Thomas, said he expected both sides to continue to present evidence on Thursday, and that Goldin would make a decision after that. He declined to comment further. Kevin Thomas’ lawyer, Glen Schwartz, also declined comment.

Courtney was not present at the hearing, which was closed to the public and the media.

However, Michael Thomas, Catherine’s teenage son, said the family urgently hoped that Courtney would be restored to her mother. Michael, who lives on his own, said he would move back with the family to help care for Courtney, who suffers from a rare condition known as Dandy-Walker syndrome. The condition has left her mildly retarded, blind in one eye and with heart defects.

Throughout the bitter custody dispute, Catherine Thomas was never declared or alleged to be an unfit mother. The appeals court said that custody of Courtney could be awarded to Kevin Thomas only if returning to her mother would prove detrimental to the girl.