Almost 18 months after she won a custody battle to continue her studies at Harvard and bring her daughter with her, Gina M. Ocon '98-'00 is fighting again.

The Lakewood, Calif., native and social anthropology concentrator will return to court Nov. 9 where she will face Tommaso Maggiore, 22, the father of their two-year-old daughter, Bailey.

Maggiore--who in May 1997 was awarded partial visitation rights and was ordered to pay child support--filed for full custody of Bailey last Thursday.

Maggiore is alleging that Ocon has failed to take adequate care of their child and that the child support he has been ordered to pay is excessive.

"He thinks Bailey is in day care too many hours a day. He's worried she's sick too much", Ocon said. "I think he's upset with me and trying to get back at me".

Ocon first received custody of Bailey in a highly-publicized court case in which family law commissioner John Chemeleski ruled that Ocon could return to Harvard--where a full scholarship offer was still valid--accompanied by Bailey.

Maggiore was ordered to pay child support and an additional $550 per month for Bailey's day care at the Bigelow Cooperative Day Care Center near Radcliffe Yard.

Ocon moved into Peabody terrace in September 1997, where she still lives. Bailey traveled to California on several occasions throughout the year to visit her father, and Ocon in several interviews with The Crimson said that while her dual life as mother and student was difficult, she was succeeding.

Still, Theresa M. Maggiore, Tommaso Maggiore's mother, said yesterday that Bailey often returned to California sick.

"She's in day care, eight hours a day, five days a week", Theresa Maggiore said from the family's Long Beach restaurant. "Every time Bailey has been here, she's been sick. She comes here sick. She goes back healthy. She comes back sick".

At a September 16 hearing before a family law commissioner, Maggiore asked for increased visitation and re-evaluation of his child support payments. Ocon, who was in Cambridge that day, said she was notified of the hearingone day before the scheduled date.

The hearing was postponed until last Thursday,and Ocon flew to Californialast week to bepresent. It was at the latest hearing thatMaggiore filed for full custody.

"He's trying to win by destroying her," saidTheresa M. Conley, Gina Ocon's mother. "He says hehas nothing to lose by filing for full custody,and he knows that she is the one with something tolose."

Ocon alleges that Maggiore has failed to payabout $3,000 in day care expenses.

Maggiore won a reduction of his child-carepayments in the latest round of hearings. Now,Ocon said, she must search for a less expensiveday-care center for her daughter.

It is the latest episode in a painful anddrawn-out tug-of-war between two families.

"The whole thing is so transparent and soridiculous," said Paul B. Ocon, Gina Ocon'sfather. "One minute he is saying that he can't payfor part of the day care, and the next minute hesays he wants full custody of Bailey."

"Gina's mother and I have bickered about manythings over the years, but we never disliked eachother more than we loved our children," added PaulOcon, who divorced Gina's mother when his oldestdaughter was four years old. "I think [Tom]dislikes Gina more than he loves his child."

Tommaso Maggiore was ordered last April to pay$1,831 in restitution for damages he caused afterhitting a city police car in December 1996,according to the Long Beach Press Telegram.

Two months after the incident, Maggiore wasconvicted of drunk driving. He received a 30-dayjail sentence and five years' probation.

The Press Telegram also reported thatmisdemeanor battery charges against Maggiore andhis brother Joseph Maggiore were dismissed lastNovember, four months after a July scuffle amongthe Maggiores, Ocon and Tommy Carroll, her friend.

Carroll accused the brothers of beating himthrough a car window as he waited for Ocon.

Maggiore and his attorney, Robert Gasper, couldnot be reached for comment.

Last night, Ocon said she will spend the nextfew weeks doing research the legal precedents forher case, since she cannot afford an attorney.

"Ultimately, we have to have an end to all thislitigation," Ocon said. "We just need to get onwith our lives.