Wednesday, November 16, 2011

Obesity and your custody case

Having a significantly overweight child could potentially come into play when going through a divorce or custody proceeding.  As recently reported in the Wall Street Journal, accusations of inadequate care by parents-- as evidenced by the obesity of their children-- are on the rise.  

Although accusations of the inferred inadequate care by parents of severely overweight children are on the rise, it does not mean all courts or judges will consider a child's weight a significant factor.  Arguments are often made that being significantly overweight puts your child at risk for a host of problems beyond the obvious physical health risks, including emotional and mental health issues.  While certainly there is no single factor that determines a custody case, the physical, emotional, and mental health of your children will be considered, and courts will make orders for what they find to be in "the best interests of the child". 

Click here for a link to the Wall Street Journal article.

Questions or comments?  Contact Attorney Jodie Alberding at JAlberding@bpslawyers.com