Obesity Deciding More Child Custody Cases

[Pinkie]

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 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."

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 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.

http://online.wsj.com/article/SB1000...=ITP_pageone_1

Seems fairly obvious to me that a parent who fails to provide for the physical health of the child is less desirable as a custodian. I admit I have some reservations about removing healthy children from the custody of an obese parent, but even that I might could be persuaded was wise if all other factors supported the choice.

What say you?

 

[liblady]

http://online.wsj.com/article/SB1000...=ITP_pageone_1

Seems fairly obvious to me that a parent who fails to provide for the physical health of the child is less desirable as a custodian. I admit I have some reservations about removing healthy children from the custody of an obese parent, but even that I might could be persuaded was wise if all other factors supported the choice.

What say you?

of course physical as well as emotional well being are paramount. i don't think i would remove a child from an obese parent unless that parent was physically unable to care for their child. that would be a slippery slope.

 

[Ikari]

http://online.wsj.com/article/SB1000...=ITP_pageone_1

Seems fairly obvious to me that a parent who fails to provide for the physical health of the child is less desirable as a custodian. I admit I have some reservations about removing healthy children from the custody of an obese parent, but even that I might could be persuaded was wise if all other factors supported the choice.

What say you?

Just cut the child in half, one piece to the father the other piece to the mother and just be done with it.

 

[radcen]

Why is the kid obese? Bad diet, or genetics?

I bet the court doesn't delve that deep.

Also seems to me that BOTH parents are responsible prior to the divorce, so the accusing parent is actually making a case for having the kids taken away completely, IMO.

 

[Pinkie]

Why is the kid obese? Bad diet, or genetics?

I bet the court doesn't delve that deep.

Also seems to me that BOTH parents are responsible prior to the divorce, so the accusing parent is actually making a case for having the kids taken away completely, IMO.

I'm not aware there's scientific proof some people are genetically doomed to be obese. I suppose there may be some scientific proof that there are people who are at greater risk for obesity -- but doesn't a good parent guard against such outcomes? We have a strong family history of skin cancer, and my baby was slathered in sunscreen her entire childhood. You know your kid is at risk, you defend that child....you don't just allow the bad outcome to overtake the kid without a struggle.

I'm sorry, but the basics of obesity (to me) in children are always going to be too many calories plus not enough exersize -- areas of a child's life over which the custodial parent has almost total control.

 

[1Perry]

I'm sorry, but the basics of obesity (to me) in children are always going to be too many calories plus not enough exersize -- areas of a child's life over which the custodial parent has almost total control.

I would need obesity defined here.

 

[GreenvilleGrows]

I would need obesity defined here.

It means fat. :lol:

 

[1Perry]

It means fat. :lol:

Then I disagree with the idea that all kids are fat because they eat poorly and don't get exercise.

 

[Simon W. Moon]

I would need obesity defined here.

Iirc, it's around 25% of body mass being fat. they may have changed it since I last heard about it.

 

[MaggieD]

I think you're right, Simon. And I think using that as a benchmark for deciding custody is silly. But, OTOH...



I think this is child abuse. DCFS ought to have a say about these kids.

 

[radcen]

I'm not aware there's scientific proof some people are genetically doomed to be obese. I suppose there may be some scientific proof that there are people who are at greater risk for obesity -- but doesn't a good parent guard against such outcomes? We have a strong family history of skin cancer, and my baby was slathered in sunscreen her entire childhood. You know your kid is at risk, you defend that child....you don't just allow the bad outcome to overtake the kid without a struggle.

I'm sorry, but the basics of obesity (to me) in children are always going to be too many calories plus not enough exersize -- areas of a child's life over which the custodial parent has almost total control.

Consider yourself aware.

Obesity-Cause

Please note that when I said "bad diet, or genetics", I did not mean to imply that those were the only two possible factors. My point was that there are more factors than only diet (& exercise), and I used only one of them.

 

[radcen]

I think you're right, Simon. And I think using that as a benchmark for deciding custody is silly. But, OTOH...

View attachment 67118498

I think this is child abuse. DCFS ought to have a say about these kids.

I would agree that THAT is abuse, but that would be an extreme case, and I don't think that a single anecdote in the form of a picture is helpful to the discussion.

 

[MaggieD]

I would agree that THAT is abuse, but that would be an extreme case, and I don't think that a single anecdote in the form of a picture is helpful to the discussion.

I don't care what you think, Radcen. Where did you get that idea?

 

[Frolicking Dinosaurs]

I think using that as a benchmark for deciding custody is silly. But, OTOH...
View attachment 67118498

I think this is child abuse. DCFS ought to have a say about these kids.

I worked in child protection and removed three children for morbid obesity and many more obese children with other signs of medical neglect (lack of routine medical care, vaccines, necessary treatment for on-going conditions).

Morbid obesity (weighing more than twice what a child should weigh based on height) in children can be a life-threatening condition. In infants, it is associated with severe apnea, skeletal problems, physical developmental problems, and organ failure. In young children, it is associated with type 2 diabetes, more severe skeletal problems and delayed development. In older children, it is associated with a host of psychiatric problems in addition to the physical problems. In teens, it is closely associated with severe depression, suicide, teen-onset of diseases normally seen in obese middle-aged people.

A 42 pound (19 kg) or more 12 month old who is at the normal height of 29" (75cm) is not going to be able to crawl well, much less walk. A 35" (89 cm) 24 month old weighing 56 lbs (25 kg) is not going to be mastering many of the skills necessary for normal development because the child's size will impede normal activities. A 44" (103 cm) 6 year old weighing 100 lb (43 kg) isn't going to be playing T-ball, soccer or learning to ride a bike.

While about 10% of cases of childhood obesity are related to endocrine problems or genetics, most of those with this cause will be well-documented in a child's medical records before age 12 months.

 

[MaggieD]

I worked in child protection and removed three children for morbid obesity and many more obese children with other signs of medical neglect (lack of routine medical care, vaccines, necessary treatment for on-going conditions).

Morbid obesity (weighing more than twice what a child should weigh based on height) in children can be a life-threatening condition. In infants, it is associated with severe apnea, skeletal problems, physical developmental problems, and organ failure. In young children, it is associated with type 2 diabetes, more severe skeletal problems and delayed development. In older children, it is associated with a host of psychiatric problems in addition to the physical problems. In teens, it is closely associated with severe depression, suicide, teen-onset of diseases normally seen in obese middle-aged people.

A 42 pound (19 kg) or more 12 month old who is at the normal height of 29" (75cm) is not going to be able to crawl well, much less walk. A 35" (89 cm) 24 month old weighing 56 lbs (25 kg) is not going to be mastering many of the skills necessary for normal development because the child's size will impede normal activities. A 44" (103 cm) 6 year old weighing 100 lb (43 kg) isn't going to be playing T-ball, soccer or learning to ride a bike.

While about 10% of cases of childhood obesity are related to endocrine problems or genetics, most of those with this cause will be well-documented in a child's medical records before age 12 months.

That's the word: Morbid Obesity.

I am so glad to know that child welfare agencies will remove these poor kids. Such a shame. And you wonder if they can ever get back on track. You've done angel's work, Frolicking. Thank you.

 

[Simon W. Moon]

I wanted to add that afaict body mass index is more meaningful for populations than for individuals. The charts relate to averages or means and that doesn't always translate well to individuals.
When I was training, my BMI was abhorrent, but my body fat was at <10% (prob'ly closer to <5%) and I was in really great shape.

Using BMI to gauge individuals isn't as useful as using it for populations where the average is a more meaningful stat.

 

[lpast]

I'm not aware there's scientific proof some people are genetically doomed to be obese. I suppose there may be some scientific proof that there are people who are at greater risk for obesity -- but doesn't a good parent guard against such outcomes? We have a strong family history of skin cancer, and my baby was slathered in sunscreen her entire childhood. You know your kid is at risk, you defend that child....you don't just allow the bad outcome to overtake the kid without a struggle.



I'm sorry, but the basics of obesity (to me) in children are always going to be too many calories plus not enough exersize -- areas of a child's life over which the custodial parent has almost total control.

Ill try to find a link...but just recently they uncovered if a person has a certain dna they are more predisposed to obesity...theres a variety of reasons for obesity and some physical..and many mental/emotional. The advent of personal computers and video games hasnt helped...a kid coming home from school and running to the kitchen for potato chips and soda and then to their xbox till dinner time didnt help either. Mom isnt home anyone to watch what a kid eats and does either...
Most households both parents have to work...so many things have added to this obesity epidemic.

Theres alot of older links showing a correlation between genetics and obesity...heres one

Gene Produces Hormones That Lead To Obesity

Im not insinuating this is the whole problem now.

 

[herenow1]

I have a friend that sent her daughter off to be with her dad this past summer. The daughter came back 10 pounds heavier and her mom was LIVID! She threatened the dad saying that if she ever came back like that again, she would prevent her from visiting him during the summer. Personally I thought that was extreme and like she was comparing the guy to a meth head or something.

On to the topic, my kids are not allowed to have soda, and if they have snacks it always consists of fruit or popcorn. I always shake my head when a kid(mainly under 10yrs old) has a soda in his everyday diet. Then again, there are kids who eat junk all day long, but b/c of their high metab, they aren't overweight. What makes the parents of the skinny child any less responsible?