I don't think that most people wait to kill someone. Some people just snap. And by snapping could very well still be guilty of 1st degree murder because premeditation can be formed in the blink of an eye.
Here's what I'm beginning to ponder:
....She never expected for a judge to challenge her custody. She thought she had total say over what happened to the baby. In her mind, she could keep him or give him away. How dare the father have any say!!
... Like gasoline on a blazing fire the Smiths validated ES's feelings above. They (at least Tammy) worked her and worked her and worked her. They encouraged her hate for Logan, praised her thoughts of turning the child over and made her feel important. EJ was ready and willing to give the baby to the Smiths.
....The Smiths made the mistake of being way too visible in the court proceedings. They should never have went with her or have communicated with Logan. But they expected Logan to just suck it up when the baby vanished. They underestimated him and could now be identified as potential babynappers. The risk now outweighed the benefits so they backed off.
...But they had already filled EJ's mind with thoughts of a new life, free from the constraints of motherhood. It wasn't so easy for EJ to shift mentally. Here she is, stuck with "that baby" and considers herself saddled. In the end the Smiths didn't do what they promised, why would anyone else?
...And I think this is when she killed the baby. Now she can go off and have that unfettered life that the Smiths convinced her she could have without the yolk of motherhood weighing her down.
...What are the odds of:
....The people at the park suddenly appear
....For the second time, complete strangers inquire about what her plans are for her child.
....Not only do they inquire, but there are interested in taking the child. Damn the torpedo's...full steam ahead with an illegal adoption.
....Not only are they interested, but they are ready to take the baby right now. Or maybe in a day or so if the motel story comes into play.
....Not only do they actually take the baby, but they vanish without a trace. National news cover the story. They have the ability to hide the child. Do they have no friends or family with eyes? They (both of them) will now risk their very freedom to hide the child knowing that if they would have come forward and returned him it could have been handled. But no, they hide him.....Maybe in another country, but not here.
Anyway, Sorry for the long post. I think EJ killed that child hope and pray he can be found so he can be put to rest.
My own opinion of course