Earlier in 2011, the Journal of the American Medical Association published an opinion piece that suggested the government revoke custody from parents whose children are morbidly obese. The author of the piece, a physician and leading expert on obesity, said that such children should be placed in foster care to live in a healthier environment.

States like New Jersey do not currently have specific guidelines on how to deal with obesity in regard to child custody cases, typically deciding each case based on the best interest of the child. A national debate is currently raging about whether a child’s dangerous obesity should be seen as a sign of parental negligence and some are wondering if these types of claims could be used in future child custody cases during divorce proceedings.

The author of the JAMA article asserts that removing a parent’s custody based on their child’s weight may be legally justifiable in certain cases. He argues that obesity signals serious health risks for the child and can suggest that the parent has failed to provide basic medical care.

Some custody cases have already been affected by a child’s weight. One court revoked custody for a mother whose 8-year-old child weighed 200 pounds, placing him in foster care. County workers that worked with the mother said that even though the child has not appeared to develop any conditions such as hypertension or diabetes, he already had sleep apnea and had a high chance of suffering serious health problems if steps were not taken to provide him with better care.

The mother defended herself, saying she loves her child and wants her child to lose weight. She added that she believes she is being portrayed as not caring about her son’s condition, but denied such allegations. She claims her son is an honor roll student and is generally a happy child.

Source: SFGate, “Should parents lose custody of morbidly obese kids,” Amy Graff, Nov. 30, 2011