Even though I think anyone would agree on what should happen, procedure would still demand that the child's interest be determined in Family Court, as I understand such.
With the woman charged with kidnapping already pleading guilty to another arson the year before the child was kidnapped, and charged with kidnapping and arson in this case, there isn't much doubt the child will be removed from her custody and returned to her natural parents, but there is the point her natural parents are separated now.
Taking a child that has lived with someone for 6 years away and placing somewhere is going to be tramatic at the least. Legally she's going to have to be assign to which parent is to have custody at the least. So even besides the formality of removing a child from an established (even inappropriate) relationship and determining the best interest of the child, the estranged parents have to be evaluated.
Of course, unless there is something serious against the woman, it's almost unheard of for custody to be assign to a father rather than a mother if there is a dispute.
So it's probably just a formality and legality, which will at least mean followups (or is suppose to) from the state services to assist in the readjustments. Even if all too often we hear stories about how poorly such agencies have done their job.
RogerNC
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