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‘UNFIT MOM’
TWO kids considered to be in "imminent danger of abuse or neglect" were removed from their mother's home after she was named as the suspect in the presumed death of one of her other children.
The children were taken from Leilani Simon's grandmother's home on October 12 amidst a search for her missing one-year-old son Quinton, according to court documents obtained by The U.S. Sun.
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Child Protective Services in Chatham County, Georgia, removed the children shortly after police named Simon as the primary suspect in her young son's mysterious disappearance and presumed death.
Simon "is a chronic, unrehabilitated substance abuser of cocaine and cannabis," according to the court documents.
She allegedly admitted to using cocaine and tested positive for the drug at the birth of one of her children, the court document says.
Guardianship of Simon's children was granted to her mother, who "failed to provide adequate supervision" and left them in her daughter's care, according to the court document.
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The children's grandmother "knew or should have known (her daughter) was unfit to provide proper care, while the maternal grandmother traveled out of state," the court documents say.
Quinton was reported missing on October 5, but as of Monday morning, police told The U.S. Sun that they haven't found the boy's body or made an arrest.
Simon's two other children were placed in foster care while the custody proceedings play out, according to the court documents.
Wharton's family and Simon were in court Monday, but no one could comment after.
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'MY SON NEEDS TO BE WITH ME'
Simon's three kids have three different fathers, and one of the dads told The U.S. Sun during an exclusive interview on Friday that he was "questioning everything."
Cody Wharton, whose son Zayne was one of the children removed from Simon's home, wants full custody, but Georgia's strict custodial laws favor the mother.
"Zayne needs to be with me," Wharton said. " I want to make sure he's safe.
"Even now, I'm questioning everything. Is he hurt? What is he doing? I don't want to get a call saying your son is hurt and going to the hospital."
Wharton said Simon struggled with her mental health while they date, which was outlined in the court documents.
He claimed Simon was depressed and tried to overdose last spring while she was watching their son.
"She's always been unpredictable," Wharton said. "But I wasn't worried about Zayne's safety until all this started going on. She was a good mother. I don't know what happened."
During the interview, Wharton struggled to find the words to describe how he was feeling, as he replayed every perceived oddity in a stream of consciousness that now he realizes might have been red flags.
For example, one past summer, he claims Simon was "overwhelmed" when he picked up his son and all he had was winter clothes.
WHY SIMON HASN'T BEEN ARRESTED
Police and the FBI didn't answer specific questions during Thursday's brief press conference, which ended after about five minutes.
That led to a flurry of questions from the public on social media about why Leilani wasn't in handcuffs as they shared fears she may flee.
Police said they don't believe she is a flight risk but they'll likely have her under surveillance, former FBI agent Jennifer Coffindaffer told The U.S. Sun.
Simon hasn't been arrested or charged, as of Monday afternoon, and Coffindaffer said police are likely gathering more evidence to ensure a conviction.
"They're not done with the investigation yet," the field agent said.
"They have one opportunity to charge someone and make those charges stick to get a conviction.
"Right now, it's all circumstantial. They're likely going through phone records, searching for the body, and waiting for forensic test results before making an arrest. They want to have all the evidence first."
The one-year-old hasn't been seen since October 5, which is a short amount of time to collect and process evidence collected from the house and inside the family pool, according to Coffindaffer.
"NOTHING SCARES ME LIKE THIS"
"Right now, I want custody. I need to hold my son. I need to see him with my own eyes and make sure he's safe," Wharton said.
Wharton claims authorities told him to fly from New York to Georgia to take a DNA test to prove he's the father, hire a lawyer to get custody through the courts, and legitimize the father-son relationship.
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"Nothing scares me like this," Wharton said. "I knew my son was going to be taken care of, but I'm not even sure her parents can take of him.
"If he was with me, it would give me a calm mind. He deserves a good life and a life full of opportunity. I feel like he's not getting that right now."
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