I am worried about the welfare of the children at this particular point. I am not convinced that he is a safe parent to be with. I also don't see evidence of a support network to help BC with being a single parent. BC hasn't gone out of his way to demonstrate that he has a support network. Because of what has happened, I would like to see BC move far away from the controversy before the children are given to him. I would also like to see him cleared of suspicion.
The role of CPS is to ensure the safety of the kids. If there is concern, then CPS could/should be involved on a regular basis. Nothing has been shown that proves Brad is an unfit parent. This is all about the speculation that BC killed NC.
Let me ask you this...if someone else was arrested today for her murder (with proof), would you still think he doesn't deserve custody of his kids? If your answer is that he should then have custody, then your real issue isn't whether he is fit as a parent, because the same concerns about his character would still exist. If he was such an unfit parent, why wasn't CPS involved prior to her death?