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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My son has been living with his father for the past 8 years

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My son has been living with his father for the past 8 years and I have seen a change in how well he has been taking care of our son. My son lives in a very dirty home, bad grades in school, been in trouble with the law 2 times. I have called family services and reported is father, they came in and said all is fine, talked to our son and he said he is fine. when I know that our son is not fine. he has been in trouble with the law for drugs. I want to get placement of our son and I have looked on line how to get a form to change placement but do not see any thing I think is for me. I am told from other people to just wait and see if our son changes with the school trying to help him and see what the court says this time for the drugs. I have been told that a lot of it is up to his dad in how he changes. I have been waiting for 8 years for a change and do not see any thing change. I do not have a lot of money to go back to court and then again I tell myself to sale what I can to save my son. or do I do what people say and put my son with the hope that he changes even thought I know how can one change if your home live does not change with you.
help me in to what way do I take.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. The last thing you want to do is take a wait and see approach. After 8 years, if nothing has changed and things keep getting worse, you want to be proactive and try and remove your son from the situation. The Judge is always going to act in the best interest of the child and if you can show that your son is not being properly cared for by the father and you can provide a better home environment, then you can certainly motion the court to modify custody. The burden would be on you as the moving party to show what is happening and why it is in the best interest of your son, to come live with you. The clerk of court in the county where he resides should have the necessary forms and I have attached one below for you review, as well. You can certainly do this yourself and if you do not have money to retain an attorney, can represent your own legal interest.

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