Wearing T-shirts bearing photos of Nathaly Sosa, who was at the center of an adoption battle, Gabby Lopez, the child's aunt, left, and Maria Lopez, the girl's grandmother, leave the Family Court building on Monday.
Photo by Gary Thompson.
Two years ago, foster parents Michelle and Roy Rodriguez prepared to throw a party to celebrate their pending adoption of Nathaly, a child they picked up from Child Haven and raised until she was nearly 3 years old.
On Monday, they were told it is not likely they will ever get to see Nathaly again.
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Citing an adversarial relationship between the Rodriguezes and the girl's grandmother, Maria Lopez, Family Court Judge Gerald Hardcastle denied the Rodriguezes' request for monthly visits with Nathaly, who was returned to her biological family in April.
"There has not been acceptance by the foster parents of the grandmother's role," Hardcastle said before making his ruling.
The brief court hearing ended a grueling legal battle that at times left members of the Lopez family and the Rodriguezes in tears. Hardcastle made his decision after listening to about three hours of testimony Friday.
"I miss her beautiful big brown eyes, her laughter; she was a big part of our family," a tearful Michelle Rodriguez told the judge in describing the past eight months. "It's like a death."
Lopez told Hardcastle that visits with the foster parents might confuse Nathaly.
"It's just that now the child has been integrated into the family," Lopez said through a Spanish interpreter. "It will confuse her. She's not going to know her family; is it this one or that one?"
Nathaly Sosa was born Nov. 25, 2003, with traces of amphetamine and methamphetamine in her system. Her mother was booked into jail; Nathaly was placed in the county's foster care facility, Child Haven.
The Rodriguezes welcomed the little girl into their home when she was a month old. According to court records, Clark County Child Protective Services had contacted Lopez when Nathaly was born, but Lopez was caring for her daughter Yesenia Sosa's five other children.
Hardcastle agreed with social workers who said they believed Lopez, a kitchen worker at the Stratosphere, would have been overwhelmed by a sixth child at that time.
After seven months and no word from the child's family, the Rodriguezes said they received blessings from county social workers and Hardcastle to begin the adoption process.
Days before the adoption was set to move forward, Lopez filed a petition to stop the proceedings. Her attorney, Assemblywoman Barbara Buckley, said Lopez's desire to adopt Nathaly had been ignored.
In March, the state Supreme Court overturned Hardcastle's ruling to allow the Rodriguezes' adoption of Nathaly to move forward, saying that Hardcastle failed to consider Lopez as a potential parent. Hardcastle awarded Lopez custody of Nathaly in April. That was the last time the Rodriguezes saw the child.
Heartbroken, Michelle Rodriguez pleaded her case to the media and created her own Web site describing her ordeal. On the Web site, Rodriguez points out that Lopez is a kitchen worker who speaks no English despite living in the U.S. for 15 years. She also claims Lopez is living off public assistance.
Hardcastle noted Monday that Rodriguez made "personal attacks on the grandmother." He said he believed Rodriguez's primary goal was not to visit Nathaly but ultimately adopt her. He suggested the negative comments caused the families to be antagonistic toward one another.
"She is always trying to make me feel bad," Lopez said.
Elizabeth Srivastava, a social worker with the county's Department of Family Services, agreed that it would be difficult for the Lopezes and Rodriguezes to establish a healthy relationship that would benefit Nathaly.
"The relationship between Mrs. Rodriguez and Mrs. Lopez in my opinion is irreparable," she said on the stand. "There was much tension on both sides, and I think the child could sense that."
Rodriguez said she was frustrated that visitation was denied, in part, because she showed no support for the Lopez family. She said since the day she turned Nathaly over, nobody at the county would respond to her calls or e-mails.
"How are we supposed to keep the relationship going when nobody was there to offer the tools?" Rodriguez asked.
Rodriguez said she and her husband were not surprised by the judge's decision and will cope the best they can.
"That's all we can do," she said. "When she's 18, maybe she'll come looking for us. We'll be here."