There are questions about how and why the man had custody of the boy.
Authorities had once removed the child from the home, after earlier allegations of abuse.
There's an outpouring of love and support for Khalil Keak though authorities say his short life was filled with abuse. The 2-year-old was found dead Sunday morning.
Police have charged Khalil's father, 30-year-old Richard Leak with killing his son.
This is not the first time leak has been suspected of abuse. In February 2009, Khalil was taken to the hospital with 15 broken ribs, a broken leg and bleeding on the brain.
The child was placed in foster care. But over a year later a judge dismissed the petition and returned him to the family.
The family court judge stated what at first appeared to be an open and shut case--wasn't. And cited the boy's preexisting medical conditions including anemia and a vitamin K diffencency.
Judge Kathie Davidson criticised Westchester's medical expert for not properly reviewing Khalil's records and said the she was troubled by the county's presentation.
This court was placed in the position of having to perform mental gymnastics to decipher the medical evidence and figure out how, when and who caused the injuries to the subject child. The county says it was planning appeal but never filed one.
A shattered family where the father now faces 25 years to life in prison.