My son has been telling me for over 2 years he wants to live with me, that he hates living with his mother. I just had him and my daughter for the weekend and he tells me things that have me terrified. I told me how sad, and depressed he was, that he locks himself in his bedroom, and that he's scared of her. He told me he was afraid to go to sleep until he know she had gone to bed, even though he denies any physical abuse I am very concerned for his wellbeing. I also told a teacher how bad it was, and evidently she reported this to the State, but I was never informed. They have also told me her new husband's (of 3 months) daughter (16y/o) is in prison for stealing and drugs. I called Child Services because I didn't know what to do. They took the report and told be they would investigate within 72 hours. Is there anything I should do now. Should I or can I file a petition for change of custody myself due to these material change of circumstances?

If you want to get him out and get custody, you file for a change in custody

In many states if a teacher is informed of the possibility of abuse they are required to report it.

I would give CS a chance to investigate because their investigation may place the child with you at least temorarily.

You can file immediately for a change of custody and, if you think there's a real emergency, you can have it set for an ex parte (emergency) hearing or get an order shortening time to get into court sooner than you usually would.

It all depends upon what is going on.

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Originally Posted by cadillac59

You can file immediately for a change of custody and, if you think there's a real emergency, you can have it set for an ex parte (emergency) hearing or get an order shortening time to get into court sooner than you usually would.

It all depends upon what is going on.

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Does an attorney have to file for the ex parte or change of custody or can I file through courts?

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Originally Posted by concerneddad

Does an attorney have to file for the ex parte or change of custody or can I file through courts?

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In most courts anyone can file their own ex parte motion but in a case like this you would be best advised to go to court with a lawyer because if Child Services is involved you both could lose the child. Be very careful with this.