• 06
  • November
    2011

While obesity can be used as a tactical jab against the other parent during a custody dispute, it may actually hide a bigger issue. Child abuse. A controversial take on parents and their obese children involves removal of the child and placement into protective foster case. Some experts argue that childhood obesity should not be argued on the custody level but rather a child abuse and neglect point of view. Recent commentary by Lindsey Murtagh of the Harvard School of Public Health and David S. Ludwig of the Children's Hospital in Boston discuss making obesity a crime and for state intervention if a child is suffering from severe obesity. As expected, their comments drew much ire and criticism.

The obesity of a child should not be argued solely on an abuse and neglect point of view. While a parent's continued and habitual nature of allowing their child to eat unhealthy foods may lead to an obese child, so too do genetics and environmental factors. The same goes with poor financial standing by the family. There are too many extraneous factors that contribute to a child's obesity. Some of them may be the parent's fault, while with others it may not be.

Does making childhood obesity a crime ultimately burden the courts? How will a court determine the best interests of the child if the cause is genetic or financial reasons? How important is the obesity argument, for the parent and/or child, in comparison to the other factors associated with alleged abuse?

Please comment below with your take on whether or not childhood obesity should be criminalized and for a state to get involved. If you are concerned about your child's obesity and would like legal advice, please contact us at Stowell P.C. We would love to help you and hear your thoughts on this issue.