Judge moves up custody hearing for grandmother of boy found on porch


BUFFALO, NY (WIVB) The little boy who was found alone on a stranger’s porch ten days ago could be going home to Florida with relatives sooner than planned.

Erie County Family Court Judge Sharon Lovallo has granted the boy’s paternal grandmother, Zenaida Colon, a hearing on Friday morning. Her original custody hearing was scheduled for October 9 to make her case for gaining custody of her three year old grandson, Noelvin, who turned up on a Potomac Avenue porch wearing only a diaper on September 16.

The boy’s parents have been missing and are feared dead after the rental van they drove here from Florida was found burned on Tonawanda Street later that day. Although the two bodies inside haven’t been positively identified, Colon’s attorney, Bob Vario, tells News 4 he’s been given indications the remains of one female body and one male body were found inside the vehicle.

“The police being done with him alleviates any concern that they have that he needs to be here for the investigation,” said Vario, who says he will be able to show the judge a clean background check, drug tests and inspections of Colon’s home in Florida, plus video of her interacting with Noelvin.

“Our biggest concern obviously is the welfare of this child,” said Vario “I believe he’s been traumatized greatly. I believe the grandma’s gonna have to bring him back home and start some sort of intensive therapy, which she understands. I mean how can you not be traumatized if you potentially saw your parents burned alive in a vehicle.”

Colon spoke with reporters on September 18, after meeting with Noelvin for the first time since his parents were missing. “My plea right now is to please help me get him home. I’m doing my best to get him where he should be which is home with us.”

For the past ten days, Zenaida and other relatives have only been allowed visits with Noelvin, who’s still in the care of Erie County Social Services.

“They’ve been gut-wrenching for her because he keeps saying he wants to come home,” said Vario. “He’s asked repeatedly ‘when can I come home’ and their telling him you know, pretty soon.”

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