Prison rules are prison rules, after all, and that forced 3rd District Juvenile Court Judge Andrew Valdez to reschedule for Oct. 11 the hearing on whether to terminate Waldholtz's parental rights.

Under Utah law, Greene must prove beyond a reasonable doubt that Waldholtz is unfit to provide for his 9-year-old daughter's physical, mental or emotional well-being.

Waldholtz is serving his second prison sentence, a three-to-15-year term that began in May, for stealing $30,000 from his deceased father's estate and other accounts.

According to Greene's petition, Waldholtz has seen his daughter just twice during her lifetime. She said in court Friday that Waldholtz last saw his daughter in 1996. The petition also states Waldholtz has not corresponded with his daughter since November 2003 and has contributed just $36 in child support.

Waldholtz was represented in court Friday by attorney Judith Ledkins. In a handwritten response to Greene's petition, Waldholtz claims to have paid $1 more in child support and said his ex-wife never asked for additional contributions.

He also said Greene has ignored his requests for regular medical and school updates, and stopped accepting his phone calls in November 2003. Waldholtz wrote that, based on his ex-wife's previous statements, he believes his daughter loves him and wants to have a relationship with him.

Greene, a former Utah congresswoman, has sole custody of their daughter. The girl was 10 weeks old when Waldholtz disappeared during a federal investigation of illegalities involving his wife's campaign fund, which he had overseen as treasurer. He subsequently served 21 months in prison on fraud charges in the case.

Greene, who said she was unaware of Waldholtz's actions, was required to pay federal fines.