Family law courts ultimately decide the fate of children when there is a shakeup in their guardianship. Through this process, the court is supposed to meticulously examine both parents and their lifestyles to determine how the custody schedule will be structured in the best interests of the child.
Looking at what is in the best interests of the child is one of the biggest determining factors when a court makes a child custody decision.
This fact might not have been very apparent in a family law court where a judge granted partial child custody of a girl to a convicted murderer. The convicted murderer was actually the sister of the girl's mother.
This proved to be a disastrous and heart-breaking decision as the convicted killer abducted the girl and dragged her around the country for several years against her will. Police finally found the girl along with four mentally disabled adults that the woman kept locked in a basement. The woman was arrested and charged with kidnapping.
The woman first gained custody of the child following numerous appearances in family court throughout 2003 and 2004. Her sister vouched for her ability to care for the girl. However the fact that she had a criminal background never came up. This could have been due to an oversight by the Department of Human Services.
Had the woman's conviction surfaced, she would not have received custody of the child. In general, a criminal conviction could indicate a parent or family member may not be a good guardian.
Source: Philadelphia Inquirer: "Court gave child custody to Weston despite her past," Mike Newall and Allison Steele, Oct. 23, 2011
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