child living in dangerous situation

[jaxsmom]

First thanks for taking the time for reading this!

BM is the cp but BF has joint legal custody (SC). She has a history of being in bad relationships.I recently discovered previous boyfriend had crimal charges filed against him while living with child and BM (assault and battery of high aggraveted nature, lynching, and breaking and entering). BM was also forced to file restraining order. He pled guilty to charges.

Move forward, BM has new boyfriend staying there with same mo (no car,no job, etc). I do a criminal check discover weapons charge as well as pending trial for recieving stolen goods >$1000. BM was confronted and stated she only knew about a "minor drug charge".She allows son to be alone with boyfriend and his "associates".I are sure BM is doing drugs.

1. What steps can be taken now to protect the child from criminal activity?

2. What are the obstacles to be faced in custody case? Child is 10.

3. How do I find a lawyer that is not just going to waste my time and take my money?(Happened to a friend)

Thanks in advance

[socrateaser]

>1. What steps can be taken now to protect the child from
>criminal activity?

First, your being "sure" about something is meaningless in court. You have to have credible proof from a disinterested third party witness or video or audio or something. Being "sure" is for deodorant commercials.

If you have some credible evidence, like a copy of the criminal complaint against the boyfriend, and you have some credible evidence of his living there, like if you send him a letter at that address, and he receives it, then you can go to court and ask for emergency temporary custody on grounds that the children are being exposed to a third party by the other parent with apparent criminal tendencies and they may suffer irreparable harm if they are allowed to remain in that environment.

>
>2. What are the obstacles to be faced in custody case? Child
>is 10.

The obstacle is to clearly and convincingly demonstrate that there has been a change in the children's circumstances that effects their best interests, and that change is independent of any change in your life. The fact that the mother is hanging out with a bad person, doesn't necessarily make the mother bad, and you would need to show a clear pattern of being involved with criminal elements. Two boyfriends may be enough to get the court to order the mother psychologically evaluated, and that could get you the kind of evidence that you need to reverse custody. But, without such an eval, I'd say your chances are still near nonexistent with the facts you have, unless a very serious incident occurs in the near future that emphasizes the increse in the mother's bad choices and behaviors.

>3. How do I find a lawyer that is not just going to waste my
>time and take my money?(Happened to a friend)

My initial response is to tell you to go ___ yourself. But, I know that there are a load of self-centered and incompetent lawyers in the marketplace, so I'll let it go.

Reputation is everything in lawyering. You need someone with experience in the field and someone who has dealt with the particular problem you face in the same county court where you will have to face the problem. Other than than, all I can suggest is that you interview a few and see how they "feel" to you.

[jaxsmom]

Thanks for your response!! I meant no disrespect to you regarding my friends bad experience with a lawyer.

I have one more question regarding my son. The mother works for a doctor (uroilogy (sp) ) who she lets write rxs for my son. He has never met the child. Son had a cough for a while, bm was asked to take him to the dr.The next visit he return with a prescription for albuteral,asmatha med.I took him to the ped who said he had a bacterial infection need antibotics and to immediately stop the albuteral!

Second case, child has eczema. My ped gave rx for elidel for 6 months bm refused to take him to dr so I did. 6 months later, she had her boss write a rx for stronger large amount of elidel instead of being reevaluated by ped. Our ped called to say stop use of med b/c of new cancer risk.Thats why he only wrote rx for 6 months not for extended time.

1. Is it legal for her boss to write rx for my son who he has never seen?

2. We have joint custody, can I demand this dr stop doing this?


Thanks in advance

[socrateaser]

>1. Is it legal for her boss to write rx for my son who he has
>never seen?

Legal, yes, however it violates the Dr.'s code of professional conduct, so he could have his license suspended or revoked. If you really think that this is an issue, then send the doc a letter and say something like, "I am sort of uncomfortable with the notion that you have, according to the child's mother, been prescribing medications for the child without actually conducting any physical examinations, because the child's pediatrician is coming to different conclusions about the child's conditions."

Realize that as soon as you do this, the dr. will stop dead, because he will know that you're on the verge of filing a complaint with the medical board. This will create waves with the child's mother and that will come back at you. So make sure that this isn't just a control issue and that there is a real danger to the child here.

>2. We have joint custody, can I demand this dr stop doing
>this?

See above.