Update: The 3-year-old boy found dead in a playground swing being pushed by his mother

[Jazzy]

The father of a toddler who was found dead on a park swing being pushed by his mother had filed for sole custody of his child just days before.

James Lee told NBC he asked a court for sole custody of three-year-old Ji-Aire because he was deeply worried about the mental health of the child's mother, Romechia Simms, and believed she needed to get help.

However the judge found in favor of the 24-year-old mother, deeming her to be a fit parent.

On Friday, Ji-Aire was found dead, being pushed by his mother in a playground swing in La Plata, Maryland.

Mr Lee told NBC: '[The judge] deemed her, at that moment, a fit parent. I'm not saying she isn't, but in this situation, he just didn't pay attention to the signs.'

He added: 'I have a stable home for him.'

After the custody hearing, Simms took Ji-Aire to live with her mother in a motel but soon called Mr Lee, saying there was a problem and that he should come pick them up. Then she stopped answering her phone.

The devastated father spoke fondly of the young son he lost.

'He's like me, he loves having fun,' he told NBC. 'He loves watching movies and he could quote almost any one.'

On Monday, law enforcement officials said an autopsy was completed on the boy but the cause of death remains under investigation.

Charles County Sheriff's Office spokeswoman Diane Richardson said there were no findings on the cause or manner of death of the three-year-old found on Friday.

Richardson says further investigation and toxicology tests are needed.

Simms was taken to hospital on Friday for a medical evaluation and was still at the facility on Monday, police said.

On Monday, Simms' mother, Vontasha Simms, 47, told 9 News that her daughter would never harm her child and that she believed she had suffered some kind of mental break after being diagnosed with a mental illness three months ago.

This is so very sad. Another flawed system. I mean, why didn't the judge take into consideration that the mom was diagnosed with mental health issues a few months prior and that she was living out of a motel room. If the dad couldn't get full custody after that revelation than something must be wrong on his part or maybe not. Either way, a little boy got caught up in the middle of this crap and paid the ultimate price with his life.

 

[DrLeftover]

The sad truth is that in most cases, Family Court judges will give custody to the mother by default even in the face of horrific conditions like this.