Mom Accused of Abandoning Baby in Dumpster Might End Up With Custody

Twisted 24

dumpsterA teen mother who gave birth in her bathtub is being accused of abandoning her newborn baby in a dumpster, but in a surprising turn of events, it appears likely the young mom may end up getting custody of her son anyway. The little boy's story made headlines recently when a construction worker discovered the baby, with his umbilical cord still attached, in a plastic bag in the trash. The Good Samaritan has been credited with saving the little guy's life, and the mother has decided to name the child Carlos in his honor.

Yup, that's right, the mother still has rights to name her child. In fact, under Texas law, she still has a ton of rights ... regardless of the callous way in which cops say she abandoned the child.

According to a representative of Child Protective Services, the girl is the child's biological mother, and unless (or until) a court terminates her rights, she gets to vie for custody. In fact, TV station KHOU reports the young mom and her family have up to a year to prove they're fit to care for this child.

Shocked?

I'm not ... but I'm also raging mad.

Sure, the mom is just 16, and that has to be taken into account when considering what happened to this baby. She was likely a dumb, scared kid. Not to mention the girl claims she thought little Carlos was dead when she put him in the dumpster, which softens the cruelty of this move.

If I were the mother of a 16-year-old who gave birth, I'd probably want to step in and try to get custody of my flesh and blood.

And yet ... I can't say I'm not disturbed by a law that would grant custody to anyone who wrapped a newborn baby in a plastic bag and threw them out like yesterday's dinner. The thing is, this law is pretty general. It's not specific to immature teen moms. If I'm reading it right, ostensibly this could apply to a 37-year-old woman who did the same thing.

Surely that would be outrageous, wouldn't it? We wouldn't be saying, aww, she's just a kid ... we'd be out for blood, and rightfully so.

If wrapping a living, breathing human being in a plastic bag and throwing them in the trash isn't enough to make you lose custody of your kid forever, I have to ask ... what is? How close do you have to take a child to the brink of death before you're cut off?

I'm not a perfect mom; no one is. But as a mother who tries her darndest to take good care of her kid, I'm disgusted by just how much the courts will let bad parents get away with. I recently had a chat with a lawyer who spends a lot of time in family court in New York State, and his assessment of what a court views as a "bad" parent was downright depressing. In his view, if you aren't shooting heroin EVERY DAY, basically you're A-OK in the court's eyes.

Putting kids back with parents is a priority. I get that. I'm also well aware that our foster system is teeming with kids who are in need of homes, and our social services system is overwhelmed. But that's not the kids' fault!

They deserve a little better, deserve laws that favor their well-being over anything.

Take the teenage mother out of this equation and ask yourself -- is a law that would give a mom a chance to get a baby back after this a little too generous to parents? Or should every parent get a chance to prove themselves fit regardless of how bad the abuse and neglect?

 

Image via dailyinvention/Flickr

crime, child abuse, child custody

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nonmember avatar blue

He HEARD the baby and found him. There is no way the "mother" thought the baby was dead. Once you discard your child like trash, you should have NO rights to that child. A 16 year old is old enough to know, that you don't dump a baby in the trash. I don't care if you were young, stupid, had an unwanted pregnancy, raped, etc. She KNOWS right from wrong and left her baby for dead. Take him away from here forever.

N_mar... N_maricle

There are so many loving adoptive parents looking for a newborn. I think the baby would be better off with one of them. 16 is old enough to know better. The baby was obviously breathing when she threw him in the trash, otherwise there is no way he would have been found alive. I think she should be charged with child abuse and have no rights to that baby.

butte... buttercup627

And people wonder why our country is going to hell. This child threw away a living breathing human, there shouldn't be any consideration of her getting him back!

Cavin... CavinsMummy

This totally gets to me, As a struggling addict I lost Two Children. "Abuse & Neglect" were what the court reports said. I never harmed my Children they were very loved I had an addiction which can be treated. I DON'T THINK ABUSE CAN. I fully believe a parent (s) who abuse a child should lose them for good! Poor Baby I hope he never goes back home.. :-(

nonmember avatar Lindsey

I don't know that this girl should be allowed her child back but you commenters keep saying she knew that her baby was alive. It is possible that she didn't. A lot of babies have to be startled after being born.

Einyn Einyn

Why is anyone surprised? So many states allow rapists to apply for custody, is it really suprising they'd let a mother who threw her infant away?

JS0512 JS0512

I am not at all surprised, though I am disgusted by it.  And, no, the fact that she is 16 does NOT need to be taken in to account (and neither does any abuse or rape or anything else tragic that happened to her).  16 is old enough to know better, period.  And if her claim that he wasn't breathing is true (doubt it), it does NOT soften the cruelty.  This girl and her family do not, under ANY circumstances, deserve to have custody of this baby.  Ever.  Same goes for any parent that abuses or neglects their children. 

Shannon Elysabeth Mundorff

This is sick, twisted, wrong, and yet totally UNsurprising. Our countrys and our legal systems veiws on children, and at a greater level the WORLD'S veiws on children, are that they are completely disposable. MILLIONS of children are abused horrifically, and the parents are given second, third, even fourth chances. Children are KILLED by their parents and their parents get to keep custody of all their OTHER kids. Parents sell their kids to pedophiles and get slaps on the wrist. Teachers rape children and get PROBATION.


The stir just posted how that poor 15 year old was kept locked in her basement for SIX YEARS, and beaten and raped, and the people responsible got no more then FIVE YEARS in prison. LESS time then she was held prisoner and tortured.


Sad to say, in almost every place on earth, you could beat your kids and rape them every day for ten years and get less jail time then if you sold another consenting adult a bag of cocaine.


It's horrifying, and disgusting, and sadly doesn't seem like it is going to change anytime soon.

SaphireH SaphireH

even if she honestly thought he wasnt breathing where in the heck was it an ok idea to throw him in the trash?? its disgusting to see thats how life is valued, as trash. even if he passed his life should have been valued a lot more than just "oh he's dead ill throw him out in the trash" another thing ill never understand for a woman any age who hides a pregnancy then kills the kid or just disposes of the baby is how the heck do they figure that no one will find out? you need medical attention more times than not after having a baby to make sure of no tears, the plencenta comming out fully and to make sure you wont bleed out


 

SaphireH SaphireH

also no i dont believe she or her family should get custody of that lil boy. she isnt in her right mind and i doubt her family will truely want to take care of him and make her do it because "its her mess up"  i really hope a deserving family gets him

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