Is This Enough?

[RCD]

 My son (age 12) has had 5 physical altercations with his step parent over the last 18 months.  They have been documented. Protective services have been involved in the last two instances.  One call he made himself and the second one I made.  None of the instances were severe.  Their intensity seems to be escilating.  

     When altercations have occurred I have demanded and received fromer spouses version of events.  Without fail all blame for the altercation is placed on my son.  

     My son does thrash out when his buttons are pushed.  He has addmitted to me that he has taunted hios step parrent which can lead to an intensification of the situation.

     Protective services recomended that my son receive counseling for anger subsequent to the time he phoned them.  I have documentation from the counselor that states my son confronted my former spouse over the badmouthing and critical comments directed at me.  Further, the documentation recorded confrontations between my son and former spouse over his desire to spend more time with me and former spouses refusal to permit the additional time.

     After the most recent occurance, my former spouse  e-mailed me and stated" I feel that it would be best if you came and got him for a least over the weekend if this is possible for you. ".  This was Thanksgiving weekend and was her holiday based on the existing court order.  

     I took my son back to my former spouse's house last night.  Within 40 minutes he was calling me telling me that he can come stay with me for the rest of the month (excluding the 5 days former spouse has durring Christmas Holiday).

     Extra parenting time has traditionally been like pulling teeth.
     Former Spouse has primary physical.  
     Son wants to come live with me.  I want that as well.  

     A protective services interview is scheduled at former spouses residance tomarrow.  The investigator plans a follow up telephone interview with me after that meeting.

     

Questions:

1) Is former spouse's consent to alow my son to come here for the entire month enough to establish that a substantial change in the established custodial environment has occurred?  

2) How much information should I communicate to protective services regarding counselors documentation and my observations of interactions in former spouses house?  I want the facts layed out but I don't want to come accross the wrong way.  

3) What other advice can/will you offer regarding this matter?

[socrateaser]

>Questions:
>
>1) Is former spouse's consent to alow my son to come here for
>the entire month enough to establish that a substantial change
>in the established custodial environment has occurred?  

You could argue that the other parent's action in relinquishing custody is a tacit admission that he/she is no longer the best day-to-day caretaker for the child. That's how I'd present it to the court.

>
>2) How much information should I communicate to protective
>services regarding counselors documentation and my
>observations of interactions in former spouses house?  I want
>the facts layed out but I don't want to come accross the wrong
>way.  

Based on your timeline, my answer here will be too late.

>
>3) What other advice can/will you offer regarding this
>matter?

I'd try to get voluntary increases of time with the kid from the other parent and then when you have maintained yourself as defacto custodian for at least 90 days, file for a custody mod.