November 19, 2009

If Your Child is Overweight, Will You Lose Custody in a Divorce Case?

Experienced divorce attorneys in Wellington, Jupiter, and other areas of Palm Beach County know that among the most contested issues in a divorce case revolves around custody (or majority time sharing as it is currently known in Florida). 

Marital and family lawyers will acknowledge that one of the concerns that they often hear surrounds the area whether the child is being harmed or neglected. Case law in Florida and other jurisdictions have wrestled with various formulations of this issue. One well documented harm/neglect issue is smoking in the presence of your asthma suffering child.

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In some cases, such action has resulted in the loss of custody/majority time share. Legal observers also have noticed the issue of overweight or obese children have been raised in litigation in recent years, resulting in some parents losing custody of their children.

Overweight children are likely to develop many health issues in their childhood and teenage years, including: Type 2 diabetes, insulin resistance, hypertension, high cholesterol, sleep apnea, and orthopedic problems. Cases in South Carolina, New Mexico, Texas, California, New York, Canada, and Great Britain have garnered attention because a child's weight issue resulted in the loss of custody.

Granted the cases dealt with a state social welfare agency steping in to remove the affected child from his parent or parent. However, creativity is the hallmark of a good attorney.

If the state social welfare agency has removed children from the custody of a parent by this allegation, then it is a short step to raise such an issue in the context of a divorce case. To learn more about this issue and read the Time article concerning it, please click here.

Watch informative videos by Board Certified Attorney Charles D. Jamieson by clicking here.


Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss divorce in Florida, please contact The Law Firm of Charles D. Jamieson, P.A.The Law Firm of Charles D. Jamieson, P.A. or call 561-478-0312.


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