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Judge rules father too obese for custody of kids

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    Does weight really matter in parenting?

  • Duration 4:00
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Some friends this is a story -- -- is gonna blow up our email feed this morning -- having a weight problem make you an unfit parent less what one court ruled and now the 360.

Pound father of two.

Will lose custody of his five and six year old sons the two young boys will be placed up for adoption.

So there's a number on the scale really indicate your ability be a good parent joining us now to debate this is Jennifer Brandt.

Family law attorney and -- Hackett a criminal and family law attorney as well.

We should note that the -- -- he's the father and the children are being protected guys who don't have any photos to share of the audience of the family.

Let me start with you about -- -- About this what threshold of the court reach for -- said you know what that's father is unfit to parent were taken the kids away.

Well really they found that he wasn't able to take care of the kids properly he wasn't able to.

Walk in and and care for the needs of young children who are very very active.

So I mean that's what determined that he was an unfit parent and I think it was the correct decision because any time a parent is unfit.

They eat it at children can be taken away.

What what what.

But this -- I mean the idea that you're.

Is this a disability I mean if you're obese it is a disability and you use that threshold to -- of the war.

That you know the other disabilities that folks have out there perhaps someone is in a wheelchair does that make them.

Incompetent as a parent.

No absolutely not the scales of justice tipped the wrong way on this when I think this judge got it wrong.

This is a very slippery slope because there is such a subjective.

Decision here on what is too fat.

And what is disable a judge certainly wouldn't take away children a paraplegic.

They would ask them to get help they would ask them to get child care.

Those people certainly would have people in their home assisting them if they can't take care of their children.

This is a case -- this is an activist judge.

Exerting influence.

Over privacy interests in the five what we hear it.

-- have to agree to carry you would have to agree that if someone has a drug problem or an alcohol problem.

Or is so debilitated that they can't care for the children then that's a case where the court does need to step -- And take care and make sure the children are properly cared for in in the right environment.

I don't think this is any different than that.

I do.

And certainly this is a man that has a physical impediments.

But he can adapt to that physical impediment and get help but he has -- -- impact.

He's had the opportunity to -- and he just wasn't able to do it he was given a chance.

To get -- -- able to care for the children and he was not able to just do that he just would not and he said he was depressed.

And you know he was an eight ball and is Kerry Wood -- out of -- and made them had an alternative to the end to this.

Is a man that lost those -- a hundred pounds in the past year I think he's proven his ability.

His desire to parent these children.

I certainly think that the fact that he's lost over a hundred pounds in the year.

Goes a long way toward creating -- adapting.

To a situation that's not -- after -- When -- into the aren't hiding something to carry brought up with a minute ago which is a slippery slope idea at what point do you say that this person is too obese we know the statistics in the United States what is it over almost over a third.

Americans considered technically obese in the numbers expected to go up to 15% in about fifteen years.

So by that metric maybe half the country would be unfit to parent.

I don't think that's the case at all I mean I think you have to do it can take this on a case by case basis.

I mean we've seen instances in the US were children are taken away from their parents when their two -- when the parents can't care for them properly and allow them to just.

Well become severely overweight so I don't think there isn't any different than that Jennifer and -- got to leave it there -- I'm -- the debate will continue on Twitter thanks so much for joining us this.

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