CLEVELAND HEIGHTS, Ohio - An Ohio mom is fighting for custody of her 200 pound eight-year-old.

The boy was placed into foster care in October because case workers said his mother wasn't doing enough to control his weight.

The Cuyahoga County Children and Family Services Agency says extreme obesity is putting the Cleveland Heights boy at risk for medical issues. In their opinion, that was enough to remove the child from his mother's custody.

A typical eight-year-old boy should weigh about 60 pounds. Anything significantly over that weight can cause health problems.

"There is a risk for future heart problems, high blood pressure, and diabetes," said Pediatric Cardiologist, Dr. Peter Vande Kappelle. "All of those things progress more rapidly with the more weight that's put on."

Those potential medical issues prompted case workers to remove the 3rd grader from his family's custody. Denise Stewart, Mahoning County's Children's Services Director, says this case is in uncharted territory.

"The law defines neglect as an act of omission," said Stewart. "This is new. I think all the child welfare professionals are kind of watching this to see what's really going on."

At the heart of the debate is the question over the cause of obesity. Some say kid's environments determine their size.  Others say genetics are to blame. That's why Dr. Kerri Boutelle, an expert on childhood obesity issues, says custody issues related to weight have to be decided on a case by case basis.

"It's like managing a child with a chronic illness," explained Boutelle. "Not feeding your child well is not in and of itself a crime, but if it is related to significant weight gain that's associated with medical co-morbidities, the authorities may need to get involved."