Registered sex offender keeps custody of daughter

A local mother fighting for the sole custody of her 8-year-old daughter has lost that battle to her ex-husband, a registered sex offender.

Nicholas Elizondo was charged and convicted in 1995 for lewd or lascivious acts with a child under the age of 14.

After the fact, he went on to say that the molestation of his step daughter never actually happened. She came forward as an adult in a 2013 custody hearing in Oklahoma to help back up his claim that it never happened. The judge knew he was a registered sex offender.

Elizondo won custody based off that ruling in 2013. Lisa Knight lived in Oklahoma at the time, but she then moved to Bakersfield to be closer to Elizondo for her daughter.

Knight had since appealed the ruling because she thinks her daughter could be getting sexually abused.

To overturn the 2013 ruling in Oklahoma, Knight and her attorney would have had to present new evidence to change the court's mind.

Rasha Gerges Shields is a lawyer and partner with Jones Day, an international law firm. She convinced the firm to take on the case pro bono.

"We are disappointed," she said. "We were concerned with the loss of custody and how Mr. Elizondo is a registered sex offender."

Throughout Monday's and Tuesday's proceedings, Knight described an encounter she had in January with Elizondo.

She says she saw her daughter and Elizondo in the same bed, and Elizondo was wearing nothing but underwear.

On the stand, Elizondo said he was wearing "swim trunks," not underwear. He also said that his daughter was simply on top of the bed, not "under the covers" with him.

Police were called to the house, but nobody was arrested or charged with a crime.

"Anything that any loving parent can do with their child, (Elizondo) is allowed to do," said Ira Stoker, his attorney. "He's the father!"

Right now, Knight is able to see her daughter three weekends out of the month. Elizondo has custody on weekdays and for one weekend. On months where there are five weekends, Elizondo gets custody for that fifth weekend.

After the ruling, Knight told Eyewitness News about her disappointment. She said her daughter is aware of what is going on.

"I've never been able to promise her anything," said Knight. "I love her a lot. I'd do almost anything for her, and I just keep fighting."

Knight and her attorney wanted the young girl to testify, but Stoker objected to that.

Stephanie Childers, an attorney representing the minor, objected as well.

Court Commissioner James Compton, who presided over the case, said he would not allow Knight and Elizondo's daughter to testify for the child's sake.

"A child ultimately is not going to be making this decision, obviously," said Compton. "Especially not an 8-year-old child."

Compton added that he hopes "nobody ever ends up back in court again," but the mother said she may have to look at new plans to appeal, again, to a higher court.

Neither Elizondo nor Stoker would speak on camera following the decision.

Stoker later agreed to an interview the following morning. That update can be found here.