A judge Tuesday ruled that a 17-month-old boy cannot be taken off life support, at least until both sides plead their case in court.

Children’s Hospital planned to take Emilio Gonzales off life support sometime after midnight Tuesday. The hospital maintains nothing can save him.

His mother doesn’t want the life support removed. She also wants more time to find another hospital to care for him, and a judge granted a temporary restraining order Emilio’s family had been seeking.

“I am going to grant the temporary restraining order until the 19th of April,” said Judge Guy Herman.

With those words, Judge Guy Herman extended the life of 17 month old Emilio Gonzales at least another nine days.

“I just want to be with him. Some people may not understand that, because some people ain’t going through what I’m going through. I love my son and I would do anything for him. Anything,” said Catarina Gonzales, Emilio’s mother.

The child has an incurable neurological disorder, Leigh’s disease, causing his brain tissue to die. The boy’s mother and her lawyers have been trying desperately to find another hospital.

“This gives us more time to purse those opportunities for Emilio,” said Jerri Ward, the Gonzales family attorney.

Emilio has been treated at Austin’s Children’s Hospital, which is under the Seton Healthcare Network.

“Emilio has continued to deteriorate. He has continued to have seizures. He’s completely ventilator dependent, he is not breathing independently,” said Michael Regier, Seton attorney.

Therefore, a Seton ethics committee ruled that he should be removed from life support, even though doctors say Emilio is not technically brain dead. His family’s attorneys have argued that a tracheostomy would improve Emilio’s quality of life.

“We have an affidavit from a pulmonologist that’s filed with the court. That pulmonologist has reviewed his records and believes he is indeed a candidate for a tracheostomy,” Ward said.

“I think it’s one thing to look at the medical records, it’s another thing to have the physicians actually treating the patient that they believe it’s not medically possible and that he’s not medically a candidate,” Regier said.

At next Thursday’s hearing, both sides will present their cases, and then Judge Guy Herman could make a ruling right then and there, or he could take it under advisement and make a decision at a later date.

By JIM BERGAMO © 2007 KVUE Television, Inc.