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we live in california.  The reason the boy is moved that late at night is because his mom doesn't get home from work until after ten.  they were never married and have no court orders.  my fiance is afraid to file custody because he is unemployed and has no money for an attorney and fears that would be reason enough for her to win. 

My fiance has a 7 year old son whom he sees every weekend.  In addition to that, we pick his son up from his school 15+ miles away every tuesday, thursday, & friday keep him until 10:30 pm of which he is brought back to his mom's house to sleep.  So basically, the bio-mom gets to see the boy every monday & wednesday before & after school.  she owns a coffee shop & is there during the day so she doesn't really see the boy until night time.  The boy says nobody helps him with his homework, let alone have interest in his activities.  My fiance' , me, & his extended family are more than willing to participate with his care.  We all have helped him with homework, school functions, etc.  when we asked bio mom to let the boy live with us during the school week so he can attend a safer, closer, & cleaner school, she said she will not let him live with us because it would make her look bad as a mother.  we asked if she would see him on weekends since she usually has time off then, but she refuses to give up her "party" time and continues to be self centered in her decisions.    She doesn't care about his school activities or his well being.  Can she really have power to take him away like that?  she threatens to try to obtain full custody.  The boy really wants to live with us.  What can we do?