The Illinois 7 month pregnant mother is accused of killing her 5 year old son. AJ Freund is the name of the 5 year old boy.

The mother is pregnant and will be giving birth while in detention. The body was found in a shallow grave last month in Woodstock, 10 miles from his home in crystal lakes.

His parents, Joann Cunningham and Andrew Freund Sr, were arrested and charged with murder, aggressive battery and failure to report a missing child.

Cunningham is pregnant and once the baby is born, if the baby isn’t claimed by a family member.

The Illinois Department of Children and Family Services will receive a call.

Plans for the newborn will need to include permanency in another home. If the baby father is able to care for the newborn, he will receive custody.

If the father isn’t present, the court will work with each other to create a plan for the baby.

The judge will look at several factor to determine the newborns custody.

The parents agreed on to let the state child welfare care for the child. The long term custody is usually up to the judge to decide. The county already filed a petition to remove all right from the newborn.

The type of charges are usually play a role in determining if a parent is unfit to have custody.

In this case, the charges will certainly come into play.