[Hei-Lei]

My ex-husband has custody of my son. I am an alcoholic in documented recovery (20 months). The parenting plan states I can not ask for a modification of the parenting plan until I have two years of documented sobriety. However, the tables have turned, my ex and his wife have a serious alcohol dependence. My Son is being emotionally, verbally, and physically abused. I live in Washington State, he lives in Nebraska. He has no family in Nebraska advocating for him. Because the circumstances have changed, and my son's welfare is at risk, can I ask a judge for a modification to the parenting plan before the two-year period?

[stinawords]

First, congratulations on your progress so far! Next, there is a reason the judge said two years. Do you have any proof of the alcoholism? Do you have any proof of the abuse? How old is the child? Is he in school? If he is, have you talked to the school counselor? Have you contacted child protection? Because of the previous order I would strongly suggest talking to a lawyer or two in the area to see what they can do to help. I don't always suggest this right away but in your case I think that would be the best move. Also, where is jurisdiction? In WA or NE? That is where the modification would have to take place so that would be where to find a lawyer.

[ScottGem]

The question of how you know about the abuse is key here. If you are simply going by what your son has told you, you need to get a lot more proof before you proceed further.