Media confirmation: Dad charged with 1st-degree murder of 5-year-old son WAS custodial "primary caretaker" with mom "not in picture"; who gave this abuser child custody? (Baton Rouge, Louisiana)

How and why did dad VERNELL DAY get custody of this boy? What judge gave it to him? Why is the mother "not in the picture"? Was she forced out by this abuser? Lots of unanswered questions STILL.

http://www.nola.com/crime/baton-rouge/index.ssf/2014/08/5-year-old_boy_dies_in_hospita.html

5-year-old boy dies in hospital after father allegedly beats him, Baton Rouge police report Vernell Day, 36, has been booked on first-degree murder after he allegedly abused his 5-year-old son.

By Quincy Hodges, NOLA.com | The Times-Picayune
on August 21, 2014 at 8:35 AM, updated August 21, 2014 at 9:43 PM

A 5-year-old boy died Wednesday night after his father allegedly abused him earlier this week, according to Baton Rouge Police Cpl. Don Coppola Jr.

Jay'v'une Bergin died at a local hospital after suffering multiple brain bleeds, bruising of various stages of healing and contusions to the forehead along with signs of malnourishment.

His father, Vernell Day, is now being booked on first-degree murder charges.

Coppola says Day's son was taken to the hospital around 2 a.m. Tuesday morning. Hospital personnel then contacted the police to report a possible child abuse. Police then executed a search warrant at the home on 48th Street, where they found a handgun and placed Day under arrest.

Coppola said police had enough evidence to apprehend Day. Coppola said Day, 36, refused to make any statements to law enforcement regarding the allegations. However, when Day was being transported to the Parish Prison, he told reporters, "I did not beat my son."

Coppola says Day was the primary caretaker of his son and the child's mother was currently not in the picture. Coppola added that the boy might have other siblings.

Day was also booked on a felon in possession of a firearm charge.