Mother Seeks Sole Custody of Brain-Damaged Infant

The lawyer for a woman fighting to take her son off life support asked a judge Thursday to award the mother sole custody of the brain-damaged child.

The request by the mother’s attorney came at the conclusion of a hearing at Family Court in Orange. If she is awarded custody, Tamara Sepulveda has said she will ask doctors to turn off the machines keeping her son alive.

“I just want my son to go to heaven,” Sepulveda said.

Eight-month-old Christopher Ibarra of Cypress has been on life-support machines for five months, his brain devastated in an alleged assault by his father. Doctors have said Christopher will probably remain in a vegetative state for life.

The boy’s father, Moises Ibarra, has refused from jail to allow the machines to be turned off. The case poses an interesting ethical twist because if Christopher dies, Ibarra would face a homicide charge. With the child alive, he faces no more than nine years in prison if convicted of child abuse.

The father’s lawyer argued that the mother should not be allowed to make medical decisions for the child. He contended that she may have inflicted the injuries and was a danger to the child.

Judge Richard E. Behn said he will announce his decision Tuesday. The judge has several options. He could award custody to either parent or place the child in the court’s custody, a move that could leave the life-support decision in his hands.

The mother’s lawyer, Donna Chirco, suggested another option. She asked Behn to consider appointing a medical guardian to make decisions for the infant.