Mother asks judge to visit her son

Posted at 8:41 PM, Dec 15, 2015
and last updated 2015-12-15 20:41:53-05

A judge is considering letting Heather Hironimus visit her son while he undergoes cancer treatments.

The case of Hironimus and Dennis Nebus made headlines when they argued over whether to circumcise their now 5-year-old son.

The boy is living with Nebus. Hironimus told the judge she's seen her son once since May. It was at a hospital in November where she learned about his leukemia diagnosis.

Hironimus says she has not been included in decisions about the boy's treatment and has no idea what kind of health he's in.

The boy's doctor testified in court Tuesday.

Dr. Carmen Ballestas says the boy's leukemia is in remission. She says he has a 95% chance of survival. But added he will undergo several more rounds of chemotherapy.

The boy has been living with Nebus since Hironimus was arrested for violating the parenting plan by taking him to a family crisis shelter to keep him from being circumcised.

He has since been circumcised.

Hironimus's lawyer argued she cares about her son and should be able to see him and make decisions about his medical care during this time.

"This is a time where he needs both parents more than ever," argued attorney Brian Moskowitz.

Nebus' legal team argued Hironimus has not signed important papers and hasn't followed the parenting plan, therefore she shouldn't be allowed to see her son. They say by posting information about the child on Facebook, she is violated the rules of trying to keep him shielded from the public eye. 

"She's in contempt of this court's orders, she's willfully violated this court's orders, she doesn't care about the welfare of this child, and the court should rule accordingly," argued attorney May Lydia Cain.

Hironimus testified during the two-hour long hearing. So did the boy's doctor and a court-appointed counselor assigned to the case. Nebus was expected to testify, but both sides ran out of time.

The judge did not make a ruling today. She is expected to decide whether to allow Hironimus to visit her son at a later date. For now, he will stay with Nebus.