What does the nation's expanding waistline have to do with child-custody battles? Well it seems that the role of obesity in child-custody battles is also expanding across the U.S.. I've noticed an increasing trend and so have many of my colleagues. 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 an ex or soon-to-be-ex-spouse.
The evidence used to support the allegations varies. In some cases, it's a overweight child. In others, it's evidence that soda and potato chips make up a disproportionate part of a child's diet. In other cases, it's that the other parent is too obese to perform basic child-rearing functions. 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? I know of a case where the child's diet basically consisted of 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 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.
Plus some news events have helped push the obesity-and-custody issue to the forefront. 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.
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.
Though, if one side is scratching to find something wrong with the other person, the courts might not give it the same weight. If all things are equal but one person only feeds fatty foods and the children have weight problems, it may become an important distinguishing factor.
However, obesity claims have to be fairly severe in order to trump both a child's right to have a close relationship with a parent and a parent's right to raise a child in the manner he or she sees fit.