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Family Testifies in Baby Rico Custody Hearing

Posted at: 04/02/2013 7:37 PM
By: Ellery McCardle

(ABC 6 NEWS) -- Day 2 of a custody battle over Baby Rico brought a flood of emotion to the Mower County courthouse.

As we've reported, the child tested positive for HIV, and now the courts will decide if the Nagel family regains custody of him.
 
Tuesday we heard testimony from Rico's parents and grandparents. They all told the judge they've never once stopped giving Rico the recommended medical treatment, even though they are against AZT, which Rico was initially prescribed.
 
They don't want him on drugs, but want to take him off them legally.  Given their compliance, the Nagels still don't know what they've done wrong.
 
"Lindsey (Rico's mother) has always given the baby the med. That Lindsey always intends to give him the medication and that he's never missed any appointments and we still sat through 2 days of it, so I don't know what they want," said Steve Nagel, Rico's grandfather.
 
The fact remains that mower county is concerned over baby Rico's future.  Rico's appointed guardian made a recommendation to the judge. First, that Rico be kept under county supervision, but still live in the Nagel home.
 
Second, that Skype supervisions be possibly decreased from twice a day to every other day or three times a week.
 
It could take a few weeks for the judge to make a decision. Of course we will let you know when that happens and the result.