L.I. Man Gives Up Custody of Sons After Toddler's Remains Found in Backyard

According to investigators, the child's remains were found buried in the backyard of the home of Robert Rodriguez

Thursday, Oct 11, 2012  |  Updated 6:36 AM EDT
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Toddler's Remains Found Buried in LI Backyard

The scene in Farmingdale, Long Island, where police believe they found the remains of a 17-month-old boy.

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Toddler's Remains Found Buried in LI Backyard

Police discovered the remains of Justin Kowalczic, a missing 17-month-old boy, in Farmingdale, Long Island.
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A Long Island man identified as a person of interest in the death of a baby found buried in his backyard has agreed to give temporary custody of his two sons to the government.     

His lawyer, Byron Divins, said Robert Rodriguez agreed in court Tuesday to let his sons, ages 6 and 9, live with a foster family.     

State police on Saturday discovered the remains of a baby buried in the backyard of the two-family home Rodriguez shared with his girlfriend, Heather Kowalczik.     

Police said Kowalczik told them her 17-month-old son, Justin, died in the summer of 2010. Neither he nor Kowalczik has been charged in the investigation.     

Divins told Newsday his client lost his job and thought it was best for someone else to care for his sons.

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