Ruling In Switched Baby Case

A judge denied a woman's request for custody of her biological daughter, who was switched at birth with another infant, but granted the woman's request for visitation with the girl.

The Friday decision came after a day and a half of testimony on Paula Johnson's request to gain custody of 4-year-old Rebecca Chittum.

"This is all I ever wanted, just to be a part of her life," said Ms. Johnson, who tearfully hugged members of the families raising Rebecca after the decision was read.

Juvenile and Domestic Relations Judge John Curry II said he made his ruling before Rebecca's guardians presented their case because Ms. Johnson had failed to prove that changing custody was in Rebecca's best interests.

"We're relieved. That's all I can say," said Rosa Chittum, one of Rebecca's guardians.

Brenda and Tommy Rogers, two of Rebecca Chittum's 5 grandparents.

The judge ordered that Ms. Johnson be allowed to visit Rebecca at least one weekend each month, on major holidays and for three weeks during the summer.

Ms. Johnson's attorney, Ken Mergenthal, said his client only sought custody after she was denied visitation with Rebecca. "Now she can start getting to know Rebecca," he said. "As far as what will happen in the future, we'll have to wait and see."

The ruling came just before attorneys for Rebecca's guardians were to call witnesses critical of Ms. Johnson's character and ability to care for the child. Among the witnesses scheduled to testify were the fathers of three of Ms. Johnson's four children.

Attorneys also had planned to play a videotape of Ms. Johnson's lifestyle that they said would prove damaging to her case. They refused to discuss what is on the tape.

Rebecca was born to Ms. Johnson in 1995 at the University of Virginia Medical Center, but was sent home with another couple, Kevin Chittum and Whitney Rogers. Ms. Johnson took Ms. Rogers' baby home.

Chittum and Ms. Rogers were killed in a car crash on July 4, 1998, shortly after Ms. Johnson learned of the mistake and several days before she publicly disclosed it. Since then, the parents of Chittum and Ms. Rogers have jointly raised Rebecca.

A psychologist testified Friday that Ms. Johnson should be allowed visitation with Rebecca, but that the child should stay with the Chittum and Rogers families.

Dr. Nadia Kuley of Staunton said she has spent about six hours with Rebecca since Oct. 19, and the child seems happy and well-adjusted with her present guardians.

Under questioninfrom Pete Robey, the guardians' attorney, Ms. Kuley described how the child became distant and silent during one visit as they looked through a photo album and saw a picture of Ms. Johnson.

"Tell me who this is," Ms. Kuley said she asked Rebecca. "At that point she didn't say anything. She just kind of walked away."

Under cross-examination by Mergenthal, Ms. Kuley said Rebecca's response could have resulted from things her guardians might have said about Ms. Johnson.