I wish you were right and that it was abnormal but it is not. It’s also not legal to remove children from a parent due to suspicion of a crime - even murder. Children stay with parents suspected of crimes in my city, your city, rural areas & in every area of this country. OJ Simpson & Jason Powell are famous examples but this is absolutely an everyday occurrence. Wish it was different. Sorry it’s not
ETA: MOO
BBM. That's actually not really true. The best interest of the child is the standard in virtually every state in the nation when it comes to child custody determinations. Kids are removed in the context of family law cases due to the suspicion that they might've committed a crime, depending on what it is, frequently.
Kids are removed from parents every day in this nation after they've been arrested but not yet convicted. Because the parent is not able to care for them.
However, parental rights cannot be terminated altogether based on suspicion alone.
Of course in the absence of an arrest, without an on-going custody battle that predated a possible crime, and a party to that case able to litigate, OR in the absence of signs of child endangerment, parents suspected of a crime are going to retain custody. Like Josh Powell.
But we aren't talking about that kind of scenario. PF hasn't been merely accused. He's been arrested and not able to care for his child. So that's different.
That being said, parents who have been arrested for murder don't automatically lose the right to determine who their child will live with. In numerous cases we've seen them allowed to make major decisions about placement or at least to have their wishes strongly considered.
That's why I was fairly surprised by the announcement that the baby would go with Kelsey's family. Because while LE might want that to happen, as well as CPS, the court is going to make the determination. And unless he's deemed unfit, PF may play a part in that decision.
Moreover, who is able to care and provide financially for the child will be important as well as who the child is bonded with. They like to keep status quo. So if she can care for the baby, the court may consider PF's mother first.
Like you, all of this troubles me. Because it is terrible that at the worst moment of their lives, the last thing they have to cling to is often denied to families of murder victims.
In addition, as I stated before, I've seen the families of defendants acting in a punitive and cruel manner to the victim's family when it comes to contact with the child. And that's not good for the child either.
Finally, as I said, I'm biased against the families of defendants. As unfair as that can be. By I've seen too many families of murder defendants that are enmeshed enablers and otherwise dysfunctional. Jason Young's family. josh powell's family. Scott Peterson's family. Chris Coleman's family. Casey Anthony's family. CW's family. Drew Peterson's family. Michelle Parker's ex's family. And on and on and on.