The goal of this society should be to raise healthy and happy children who will grow into concerned and involved adults who care about their fellow citizens and environment. In order to accomplish this goal, all children must receive a good basic education and in order to achieve that goal, children must arrive at school, ready to learn. A key element in childhood health is proper nutrition and attention to a healthy weight for the child. Increasingly, courts are becoming involved in childhood health issues when divorce enters the picture.
Meg Coyle is reporting in the KING5 News story, Childhood obesity increasingly a factor in custody disputes.
Divorce court is now taking on the weighty issue of childhood obesity. More and more, it’s being used as a weapon in custody fights. It’s a trend that’s taking family and food to court.
Divorce attorney Olaf Hansen sees the writing on the divorce decree. Childhood obesity rates are three times what they were 30 years ago. So it’s no surprise that in a growing number of custody disputes, parents are blaming each other….
“It’s an argument of lifestyle,” says Hansen.
Even in cases of severe childhood obesity it’s rare that a judge rules in favor of one parent over the other unless they can prove neglect or disregard for a child’s well-being. A judge in Portland switched custody after one parent complained the other was making their child obese by feeding the boy fast food three times a day. He was also reportedly not up-to-date on his vaccinations.
Some states, including Pennsylvania, are including diet and obesity in determining what it means to be in the best interest to the child.
http://www.king5.com/health/Obesity-and-Custody-Disputes-132963628.html
The legal question for courts is the determination of what is the “best interest of the child?”
The U.S. Center for Disease Control and Prevention has some great information about child obesity.
Childhood obesity has both immediate and long-term effects on health and well-being.
Immediate health effects:
- Obese youth are more likely to have risk factors for cardiovascular disease, such as high cholesterol or high blood pressure. In a population-based sample of 5- to 17-year-olds, 70% of obese youth had at least one risk factor for cardiovascular disease.7
- Obese adolescents are more likely to have prediabetes, a condition in which blood glucose levels indicate a high risk for development of diabetes.8,9
- Children and adolescents who are obese are at greater risk for bone and joint problems, sleep apnea, and social and psychological problems such as stigmatization and poor self-esteem.5,6,10
Long-term health effects:
- Children and adolescents who are obese are likely to be obese as adults11-14 and are therefore more at risk for adult health problems such as heart disease, type 2 diabetes, stroke, several types of cancer, and osteoarthritis.6 One study showed that children who became obese as early as age 2 were more likely to be obese as adults.12
- Overweight and obesity are associated with increased risk for many types of cancer, including cancer of the breast, colon, endometrium, esophagus, kidney, pancreas, gall bladder, thyroid, ovary, cervix, and prostate, as well as multiple myeloma and Hodgkin’s lymphoma.15
Two Harvard researchers, Lindsey Murtagh, JD, MPH and David S. Ludwig, MD, PhD focused attention on the issue of child obesity and child custody in the Journal of the American Medical Association article, State Intervention in Life-Threatening Childhood Obesity.
Many biological, psychosocial, and behavioral factors affect energy balance and, therefore, childhood weight gain, with parents playing an important mediating role. Ubiquitous junk food marketing, lack of opportunities for physically active recreation, and other aspects of modern society promote unhealthful lifestyles in children. Inadequate or unskilled parental supervision can leave children vulnerable to these obesigenic environmental influences. Emotional distress and depression, or other psychological problems arising from abuse and neglect, may exacerbate this situation by leading to disordered eating and withdrawal from sports and other social activities.
Even relatively mild parenting deficiencies, such as having excessive junk food in the home or failing to model a physically active lifestyle, may contribute to a child’s weight problem. Typically, the potential harm involves an increased risk for obesity-related chronic disease later in life….
Murtagh and Ludwig argue that parents can irresponsible in their care of children and that irresponsibility should be considered in custody cases.
Every state has their own dissolution, divorce, and child custody laws. An good explanation of basic principles of child custody can be found at the U.S Department of Health and Human Services site, Determining the Best Interests of the Child: Summary of State Laws. http://www.childwelfare.gov/systemwide/laws_policies/statutes/best_interest.cfm
While, childhood obesity may be one indication of how well a child is being cared for, that may not be the full story. Sometimes, parents who are otherwise loving and caring about the child may simply have poor nutrition habits and they can be educated. Apparently, many parents who are not abusers will now have to worry about potentially losing custody over a child’s weight issue.
Marilyn Elias’ 2002 USA TODAY article, Psychologists now know what makes people happy points to what really should be the focus. Of course, moi is not arguing that children should be obese, but rather the focus should be on both healthy and happy children. Elias reports:
The happiest people surround themselves with family and friends, don’t care about keeping up with the Joneses next door, lose themselves in daily activities and, most important, forgive easily.
http://www.usatoday.com/news/health/2002-12-08-happy-main_x.htm
The goal should be a healthy child in a healthy family who attends a healthy school in a healthy neighborhood ©
Resources:
The Mayo Clinic – Childhood Obesity
http://www.mayoclinic.com/health/childhood-obesity/DS00698
U.S. Department of Health and Human Services – Childhood Obesity
http://aspe.hhs.gov/health/reports/child_obesity/
MyPyramid for Kids
www.fns.usda.gov/tn/kids-pyramid.html
Dr. Wilda says this about that ©
drwilda 
Leave a comment