Update: "Psychological Grandmother"


POSTED: Thursday, April 8, 2010 - 6:03pm

UPDATED: Monday, August 4, 2014 - 5:49pm

ALAMOGORDO, NM - A U.S. Supreme Court ruling could reverse an Alamogordo court decision regarding a strange custody battle.

Rosa Caje was ordered by an Alamogordo family court to let a woman named Mary Bruer visit her daughter Olivia. Bruer has no blood relation to Olivia, but Olivia and Caje once lived with Bruer for a few months. Because of that, a court named Bruer the "psychological grandmother" of the child. When Caje decided it was in her child's best interest to stop the visits Bruer took her to court and was granted full custody of Olivia. Wednesday Caje was arrested for refusing to hand her daughter over to Bruer.

Thursday Richard Araiza, one of our viewers, came forward to say he went through a similar custody fight and won. Now he wants to help Caje.

"She has the right to choose where her children go, who they see, whether or not they visit. It's the mothers right," he said.

Araiza is not a lawyer but he told us about Troxel v. Granville, a U.S. Supreme Court ruling on 3rd party visitation rights to children. It's the case he used to win his custody fight. In the case a widow named Tommie Granville was taken to court by her in-laws under a Washington state statue that allowed courts to grant visitation rights to non-parents. The U.S. Supreme Court found that statute unconstitutional.

"The application of the Washington statute to Granville and her family violated her fundamental right to make decisions concerning the care, custody and control of her children," Supreme Court Justice Sandra Day O'Connor said at the time of the ruling.

"The judge ultimately decided in my favor because it was the law of the land, it is the law of the land, it's Supreme Court," Araiza said.

He now hopes Caje's lawyers can use the law to turn over Olivia's custody judgement which, based on Troxel v. Granville, appears to be unconstitutional.

Caje is still locked up in the Otero county jail on a five thousand dollar bond. we're told the custody hearing is set for may 13th.


Comments News Comments

Blessings to Rosa at least she kept her child and not left her with someone else to care for and then come for a visit and refuse to return the baby to her home. Yes her home is my home since 6 months. But it is ok I am going to get my baby back. by the time she has her 3rd child my baby will take a back seat and as soon as her belly goes down she will be back out there living her life carefree her mom has one I had one and she is prego now.

I have had a child thought to be my grandchild live with me from 6 mo -2yrs and now I was told she is not my sons baby via dna well I will still fight for custody with her mother having visitations as she always have just visited with her child and NO THERE IS NO BLOOD TIES, THERE DOES NOT HAVE TO BE BLOOD AFTER YOU LOVE,nurture and care for this tiny being. Love is the key here blood or not Love is it for me. I will continue to seek custody granting visit for her mom period as it has been.

Rosa is a very good mother. I know for a fact when this is all over they will live a better life together and Rosa can support her daughter and move on there lives together. Mary is Psycho and should have never gotten custody over Olivia. She is too old anyways and will not have the energy as Rosa would to take care of Olivia. Rosa lovers her daughter more than anything as any great mother would. I pray to god that Rosa will win this all and they can put things in the past and become a family.

I have a daughter of my own and this is not right. How can the grant someone who is not related to them to have custody. The only one that can have it it her MOTHER!!! This lady needs to get a life and get out or theirs. We are with you Rosa..

Hey let's just refer to her as the "Psycho Grandmother", it seems to fit much better!

i can not believe that this little baby even knows who this "phsycological grandma" is to begin with. mom and daughter need to stay together.

What judge would grant a person such and outrageous term "Psychological Grandmother"? How about a judge who had personal ties to "St. Bruer" and who mysteriously retired soon after this decision. Seems to me like there is more at stake for Bruer than just the love of the baby? Could it be that this baby has entitlements that appeal to this psycho? People like this trashy lady should be the ones locked up!

Unfortunately, my cousin Rosa finds herself locked up yet again die to this case. She has been informed she will stay there until she hand Olivia over. I'd there is anyone who can help us please contact us immediately thank you.

Which saint does this lady think she is? Here's some background on the real Mary Bruer: Mellon Bank of NY has filed foreclosure paperwork on her home, both the children (now adults) that she was legal guardian of, Kristin and Brandon Bruer, have criminal records where the plead not guilty to. Run name searches at http://www.nmcourts.gov/caselookup/app.

As a mother, I'd like to thank Mr. Richard Araiza for stepping up with information to help Rosa. With his experience, and/or perhaps with the volunteer services of an attorney in the area, hopefully Rosa will be with her daughter on Mother's Day, not sitting in jail unable to be with her infant daughter.

Perhaps she made some mistakes as a young mother. That does not mean she is unfit. Children do NOT come with how-to manual. It's a learn as to go process.

Good Luck, Rosa!

This is pathetic, how can a Judge grant a perfect stranger custody. Rosa seems like a loving mother. Who in their right mind would even take this case? Just wasting tax payors money on court cost, the police officers. WILL THIS PSYCHO JUST LEAVE MOM AND DAUGHTER ALONE. Obviously she has no one else to mess with. Get your own grand children. THIS LADY HAS ONE TO MANY SCREWS MISSING.

This is just crazy! If this person who isn't even related to the girl, really cared about her, she wouldn't have had her mother thrown in jail. I understand she disobeyed a court order, but she was doing what she thought was best for her child! What would any of us do for our children. Would any of you out there hand your child over to someone who you don't think they are safe with and not related to, just because you were told to? Ridiculous!!!

Bruer's friends seem to say that Rosa is an unfit and uncaring mother, but I see a mom that LOVES her child so much that she is willing to spend the rest of her life in jail to protect her daughter. Yes, Rosa told me she would rather spend time in jail that give up her daughter to a non-relative. That in itself is love and devotion to a child. I'm probably the most strict family member Rosa has, but this MOM has my respect and support, and that's pretty hard to get.

Many thanks to Mr. Araiza for coming forward for Rosa and Olivia. I am touched that this random act of kindness from a stranger could reunite a mother with her child. God Bless you Richard.

The hole pathetic reason this woman even wants custody of the child is so her greedy ass can cash in on Indian heritage of the child! She is obviously missing a few screws...maybe they should see her "lifestyle" and then really see how this innocent child would be living.

What can be more tramatice than a mother to lose her baby? Lose her baby because the state will not follow the laws they have put in place. It is time for child to be with her mother and have this so called "grandma" restrained from there family who knows how far she will go to keep this baby!

This is so wrong! What is next? Daycare workers and babysitters suing for visitation and custody? I hope Rosa Caje gets this overturned, and she deserves HUGE apologies for something as outrageously wrong as this. My thoughts are with her, and she deserves her daughter back without question.

All of this is made to look like Rosa is the poor innocent victim.. believe me She is anything but innocent.. Don't go by just what was reported here because it only shows one side. Learn the WHOLE story before you pass judgement.

"THEWHOLESTORY" seems like you've already passed judgement. I guess the next time I help a friend, relative, or neighbor with food, shelter, money, and clothes it will be ok for me to take their child or whatever they have because they owe me? They are indebted to me so they better give up what is rightfully theirs because I say so? This is what you are saying. You seem to be brain-washed and have a wierd sense of rationalizing right and wrong. I feel sorry for you and Bruer.

Yes, Rosa is the victim. She carried Olivia inside of her for 9 months, not Bruer. She cared for the child on a daily basis, not Bruer. Maybe she was not a great mom at the beginning, but it doesn't give anyone the right to take her child away. There are no owners manual on helping a person raise a child, you have learn as you go, sometimes with the help of friends and family, and sometimes making stupid mistakes but that doesn't justify taking her baby from her. She has family to help her.


I agree..what did the mom do so wrong? So is the country saying a person can live with a family whos about to have a baby, and be able to claim the new baby as their family now? how pathetic is that? Where is the rest of the mothers family members? Dont THEY care about this baby? Why arent they fighting to get her back?If it was my grand baby,or my daughter, I would fight to the death to get her back. I disagree with the judge granting a total stranger custody of a womans child whos not related

Her family is there for her - trust me. And they are helping in every way possible.

The mother didnt comply with visitation rights that she herself agreed to. Failed to appear in court several times. The grandmother has feelings and rights too. She provided a roof over their heads, food, clothing, medicine when needed while neither parent was working. She formed a bond with her grandchild. She deserves to be able to see and visit with her. That is all she wanted. Rosa did not comply with any court orders to begin with and that is why she is in this mess.

This is NOT her grandmother...This is some sick, stalking, crazed, and needs her own life woman....Wow just Wow....She should be arrested for stalking....is she a pedophile and wants to do harm to this child on visitations...does she want to abduct this child once "visitation" is allowed....she is one sick wench....The end...

The mother was cornered into granting visitation just after the death of her husband and birth of HER child. Mary Bruer took advantage of an unclear mind and mandated unreasonable demands that controled Rosa's life. Rosa did not have an attorney nor the understanding of her constitutional rights to fight this the first time around. Biological grandparents are not given the rights Ms. Bruer demands. Mary Bruer you are wicked to be so selfish.

Ahhh! So "Grandmother" was nice to the little girl and her mother. This of course gives her the right to destroy the relationship between the mother and her child. Hey! Are you the "Grandmother"?! If "Grandmother" really loved the child, she wouldn't cause the child all this grief. As a matter of fact, I'm tired of typing "Grandmother". She isn't a grandmother, she is a monster that the mother made the mistake of trusting.

She is NOT the grandmother! Yes she did help them out, and form a bond with the child. I work with kids and form bonds with them, that does not mean I have a right to visit them whenever I want. It seems like the "whole story" you have is really just half. And as a parent, I have the right to say who sees my kids, related or not. Even if I decided that their biological grandparents were not fit to take care of them, I should have that right to say they can't see them.

Its good to confirm that Justice will Prevail. Unfortunatley, Rosa is still in jail while this crazed woman is running free and poor Olivia is withought the most important person in her little world. For the sake of little Olivia I hope to see this end soon. Thank you for your support Araiza

If justice prevails than Olivia will be with her grandmother. You do not know the grandmother and so have no right to call her a crazed woman. You do not know the WHOLE story. Like so many others on here you are only going with what is reported, which is one sided. Learn both sides. I have seen both sides and know that this story has been manipulated to make Rosa look like the "poor mother" which is far from the truth.

So, are you going to give us the "whole story"? Or do you just make allegations? Wait, let me guess, you WANT to tell us the whole story, but you just can't right now? Yeah, I thought so...

Mr Araiza,
Thank you for coming forward with your information and your support. This will help tremendousely with how we can proceed to get my daughter Rosa and my granddaughter Olivia back together. Thank you!! I'm not afraid to use my real name Jesus Ruiz; the father and grandfather.

Why would anyone want to take a child from her own mother? Oliva has what every child needs and wants most in life, her Mommy. Her mother is there for her, caring for her and all of her basic needs which includes protecting what is hers. That this has escalated to the point that authorities have come in and rocked poor Olivas world by taking her mother for wanting her is heartbreaking. Araiza is very right Rosa has the right to choose where her children go.“Psychological Grandmother”…ridiculous.

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