Law professor talks about Worcester baby custody case

[0:19]" While the law says that parents have the right to raise their children in less. They bring -- the department of children and families can -- suicides but there's some reason that they shouldn't."

[0:30]" And in this tragedy. That child has to parent the mother who was murdered and the other. And the law says that the father should have custody of the child unless."

[0:40]" The commonwealth can prove that -- conscious."

[0:43]" And I would imagine that that's where all investigations into background come into play right."

[0:48]" Well -- at."

[0:50]" Starting point actually that need not be any investigation. The man's girlfriend or wife. Was killed and the mansion. For any people out there is yours balance is killed. You would of course be raising a child nobody would investigate news just because -- about -- mother and child but tragically murdered. So unfortunately what's happening right now seems to me is that the presumption of the law it's turned upside down. And the father of the child is being investigated and almost that that he has the burden that he spit at because the other where he should have the child."

[1:26]" What what would be I guess that the factors that would call isn't questioned the fact that they were married a fact that she. Had called the police when there was apparently some sort of abuse things like that don't close the red rays red flags."

[1:40]" If there -- some documented. History that is known to the department."

[1:44]" Then they would have -- to investigate."

[1:47]" But it they have not an open case on the -- on the family and it's not otherwise known for them to any parenting issues."

[1:57]" And it can certainly. Begin an investigation. But."

[2:02]" They wouldn't be automatically taking the child away and let the child is that imminent risk. Of our."

[2:10]" And what about the position of the aunt and uncle -- that do they have any legal standing whatsoever."

[2:16]" Absolutely but lost says. In a case where for whatever reason that parents not able to. -- custody of their children and the department of children families that them. That no kids should have the first shot at being an audience of the children either directly themselves through a court order."

[2:36]" Or they become -- parents he provided by the department that the children specifically placing them. The relative aren't very good condition that they should be made because if any parents out there anything happens either you were able to meet your children. Most likely he would want to hear that your mother did erasing its."

[2:56]" What's. What is. Possibility. It is there any possibility. That the two children could actually be separated it is impossible. That that the infant -- might wind up with one relative and the older child my wonderful and other."

[3:14]" That does happen sometimes particularly when there is a different father for that she children. That can sometimes unfortunately captain and I say unfortunately because."

[3:25]" This social sciences pretty clear sibling do you better together and ought to be raised together particularly when they experienced the germanic incidence."

[3:34]" They have each other to fall back on and that is critically important to their healthy development. There are occasionally other factors that weigh against that -- staying together and that will be in court this."

[3:56]" What do you mean by child friendly."

[3:58]" I mean it does it contain provisions. That that. Basically amount to bend over backwards to make sure that the child is in a good safe healthy environments as opposed to some other states. I'm probably not phrasing that the best way -- I'm hoping you know what I mean."

[5:25]" Why do you think that that is."

[5:28]" Why don't think it's at that or like no -- quite easy to Kurt. I think that occurred he there's the -- crab and narrow view in this commonwealth. How children should be protected. From. The procedures that are used to determine. What happens -- and the confidentiality privacy very seriously Massachusetts which is generally speaking good saying. It's often over. And we elevate the forms -- formality. Privacy over the real substance which is figuring out what's best for children. When there are relatives available Wheeling and evil or -- or child. It should at least be able to into the courtroom and see if it's it's possibly even get a lawyer to represent them. And have their say over what happened that the child is being crazy. In the name of privacy when everybody knows what's happening in the in the paper but in the name of privacy -- so while protecting -- I'm not even letting monopoly power."

[6:32]" What about their custody until the judge rules in the case like this would you prefer to see. On the children with a father with Vietnam --"

[7:26]" Does that -- disrespected perhaps there's more to this in the police are telling us."

[7:31]" I would suspect so I mean. But we can't know for sure he gets everything -- shrouded. In the secrecy and confidentiality. Of the system allegedly to protect the child. But as far as we know it could be that it just protecting the system from that assistance then we don't know what that decision bar."