Custody Hearing...

MONDAY, MARCH 24th- (WTOC.com) - Aiden Waller is now out of the hospital and in the state's custody. Judge Gates Peed confirmed that today. Baby Aiden was at Memorial University Medical Center for eight weeks and suffered from severe head injuries.

Effingham County Sheriff's deputies said Aiden's mother Tina Richards, abused her young son last July and again this past January. She's in prison right now. Deputies said Aiden's father Phillip Waller, knew about the abuse and didn't report it. He's also behind bars.

Baby Aiden will turn 1-year-old on Wednesday. He will spend the next year of his life in the custody of the state. That's what was decided in court today at Aiden's second custody hearing.

Attorneys representing Aiden's parents acknowledged in court the couple will likely never get to see Aiden again or his newborn baby brother. Today, the attorneys told the judge the parents want a family member to raise their sons.

Aiden's grandfather Steve Richards, is the only one seeking custody at this point. But it will be 12 months from now until the court and the Department of Family and Children Services decides who will get custody.

An investigator with DFACS will do an extensive home evaluation and conduct interviews with family and friends. The attorney appointed as Aiden's guardian et litem said she will do an investigation of her own to make sure Aiden is placed in a safe and loving home.

It was grandfather Steve Richards who had custody of Aiden last year after his daughter first admitted to the abuse.

April Hardy keeps in contact with the grandfather and helped form a support group for Aiden. "My concern is the fact that they're trying to make sure nothing goes wrong," said Hardy. "But in that same aspect, Steve was good enough in the beginning so why is it taking so long to figure out he's good enough now."

Hardy said a year is a long time for Aiden and his brother to wait for a permanent home.

The attorneys and the judge said they are very concerned about Aiden's safety right now. They will not release information on Aiden's exact whereabouts or who exactly has custody. All they will say is that he is the state's custody.

Aiden's attorney said several strangers tried to get into Aiden's hospital room at Memorial and at least one person tried to take pictures of him.

So far no more custody hearings have been scheduled yet. *Tina Richards and Phillip Waller will be back in court April 9*, they will be arraigned on the child abuse charges.