Tim Rallo failed to gain custody of his son Trevor in Madison County family court, but he apparently succeeded in improving his son's health.
Associate Judge Tom Chapman denied Rallo's motion to modify custody March 4, but found that Trevor "made progress on the issues which gave rise to his father's filing."
"Child's weight issue is now improved," Chapman wrote.
Rallo testified last year that Trevor would develop diabetes or heart disease if his eating habits didn't change.
Rallo said that as manager of a Schnucks supermarket pharmacy in East St. Louis, he counseled customers about diabetes every day.
He said Trevor, nine years old, weighed 134 pounds.
"My son has ongoing weight issues," Rallo said. "I feel it's an addiction."
He said in 2005 Trevor missed 25 days of school due to stomach ailments.
He said he had visitation every other weekend and every other Tuesday.
"We never eat fast food," he said. "He doesn't drink soda."
He said things got better since he filed for custody.
Chapman agreed but found no reason to modify custody.
He decided that Trevor's wishes and his adjustment to home, school and community favored denial of the motion.
"Mother is primary caregiver and has been such," he wrote.
"In addition, child's sister resides with mother," he wrote. "This factor favors denial of the motion."
Chapman ordered Rallo to pay $1,840 a month in child support to former wife Kimberly VanScoyk.