Gutierrez acknowledged that the 11-year-old boy has shown no signs of abuse but said his sister being married to Jeffs at age 12 no doubt had an effect on him. She testified that two of Jessop's adult sons took underage brides, and three daughters were married underage.

But with Jeffs in jail, Rios asked her if she had any evidence to show marriages are happening now. She said she did not have any beyond Aug. 2, 2006 — weeks before Jeffs was arrested.

"What would it take for the children to stay with their mother?" Walther asked at the end of the hearing.

Gutierrez said she had concerns about Jessop's disciplinary behavior, the children's education and financial well-being, and she sought to have a DNA test for Merril Jessop.

"I can't go back and undo the 12-year-old marriage," she said.

A Texas grand jury is scheduled to meet on Thursday to hear evidence of crimes involving FLDS members. Six men, including Jeffs, have been indicted on charges ranging from sexual assault of children to bigamy and failure to report child abuse.

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