I understand the situation. What is the legal question that we can answer for you today?
That is very clear. Thank you for your patience.
Your son resides in the home. He happens to have two places of residence, but your home is one of them. It is therefore legally impossible for him to trespass in your home and law enforcement could not get involved even if they wanted to.
That said, it seems to me that dad is not doing his part under the custody order, and the proper approach may be through the family courts. Something that I might suggest to a client if they were in your situation would be to request a modification of the existing custody order requiring dad, during his custody time, to keep the son from entering your home while you are away; that way, if the son is unaccompanied at your home during dad's time, dad is in violation of the court's order (which could result in a criminal conviction for dad). This would basically put the pressure on dad to be a parent during his time.
Let me know if I may be of further assistance. Thank you.
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