Factors in Child Custody in Utah
There has been a lot of press popping up around the country concerning child custody and obesity. The obesity revolves around the child or children and the parent care. Below is an excerpt from an article on the Wall Street Journal going over this idea and how it has been used recently.
by ASHBY JONES and SHIRLEY S. WANG
The nation’s waistline is expanding, and so too is the role of obesity in child-custody battles in the U.S.
Family-law practitioners and legal experts say mothers and fathers in custody lawsuits are increasingly hurling accusations at each other about the nutrition and obesity of their children, largely in attempts to persuade judges that their kids are getting less-than-optimal care in the hands of ex- and soon-to-be-ex-spouses.
The nation’s waistline is expanding, and so too is the role of obesity in child-custody battles across the country. Ashby Jones has details on The News Hub.
The evidence used to support the allegations varies. In some cases, it’s a grossly overweight child. In others, it’s evidence that soft drinks and potato chips make up a disproportionate part of a child’s diet. In still others, it’s that the other parent is too obese to perform basic child-rearing functions.
“It’s come up quite a bit in the last couple of years,” said Douglas Gardner, a family-law practitioner in Tempe, Ariz. “Typically, one parent is accusing the other of putting a child at risk of developing diabetes or heart disease—or saying that the child is miserable because he’s getting made fun of at school.”
Conan Angus, who’s embroiled in a custody fight with his wife, spends time with son and daughter recently outside their home in Antioch, Ill.
For judges in many states, the question of custody turns largely on one question: What is in the best interest of the child? Some states such as Pennsylvania recently altered their definition so that the criteria now clearly include the physical as well as the emotional well-being of the child.
Vincent Bernabei Jr., a family-law attorney in Portland, Ore., had a case recently in which the child’s diet was “basically fast-food restaurants morning, noon and evening,” and his weight was in the 95th percentile for his age. Further investigation found the child also wasn’t getting proper medical care, his vaccines weren’t up to date, and he was having trouble at school. The judge made the decision to switch custody.
The case was “a stew of issues, and the obesity was one,” said Mr. Bernabei.
The issue is surfacing more often partly because obesity numbers have risen and the public is becoming more aware of the health dangers related to being overweight, according to lawyers surveyed by TotalAttorneys.com, an attorney-referral service. According to the Centers for Disease Control and Prevention, approximately 17%, or about 12.5 million, of the nation’s children and teens are obese. Since 1980, according to CDC statistics, obesity rates have nearly tripled.
“It used to be constantly and consistently about smoking,” said Jeff Wittenbrink, a family-law specialist in Baton Rouge, La. “It’s only been recently where one parent thinks their kid’s not active enough, is gaining weight and eating sugary food.”
A handful of splashy news events have helped push the obesity-and-custody issue to the fore. In 2009, a 555-pound, 14-year-old South Carolina boy was removed to foster care after his mother was arrested and charged with criminal neglect. The state’s Department of Social Services had determined that without state intervention, the boy was at risk of serious harm.
Last July, David Ludwig, a prominent obesity expert at Children’s Hospital in Boston, co-wrote a highly publicized article in the Journal of the American Medical Association saying that “in severe cases of childhood obesity, removal from the home may be justifiable.”
The use of obesity for leverage in custody disputes also has been exacerbated by a gradual shift in child-custody law, according to June Carbone, a family-law expert and professor at the University of Missouri-Kansas City School of Law. Thirty years ago, said Ms. Carbone, custody decisions were relatively straightforward: Typically, the mother received sole custody, and the father got limited visitation rights.
But in recent years, the trend has moved toward shared custody and child-support arrangements that often factor in the relative strengths and weaknesses of each parent. As a result, custody battles have grown more frequent and contentious. “People can always find another thing to fight over,” said Ms. Carbone. “It can be endless.”
To help judges, many states have added specific criteria to look at when considering the best interests of a child. Among the issues that are increasingly coming up: whether and to what degree a child is eating well and exercising.
Conan Angus, 40, who’s in the midst of a divorce in the Chicago area and whose children currently live with him most of the time, has brought up the kids’ weight and health in discussions with lawyers and his soon-to-be ex-wife, Rosa. He said Ms. Angus buys fast food frequently and the children are less active with her—and that the children are healthier and happier with him.
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