[lawgeek]

My best friend is going through his divorce and has a three year old son that is under the temporary custody of the mother. Now she is not providing as a custodial parent because he is never at home, always bouncing from one house to another because she works two jobs and has now started to go to school. She also recently received probation for an extreme DUI.
My friend is paying over 500 dollars a month in child support but I fear (along with his family) that she is not using that money to benefit the three year old son as my friend has had to provide her with two winter coats and clothing as well as provide her mother with clothing. When he comes over after spending his two weeks with his mother, he is in stained, handmedown clothing that are two sizes too big.
I have documented everything since the Temporary Custody hearing and that has already been a few months ago. What are the chances with my information and pictures and phone records(showing that he is not with her at bedtime), that my friend will receive full custody because she is not providing the way a parent should be providing.
I've seen the way he acts around his mother and I've seen the way he acts around the father. Even her family sees that he is violent around his mother and always excited to see his father. He's never once shown aggression towards other people and is very polite when in church. I've heard him scream and I've seen text messages from his mother stating that the son had bitten and kicked her multiple times. What do you think?
Please respond!

[twinkiedooter]

Be sure he documents all of her antics with his attorney. He should be keeping a running journal of how the child is treated. (glad to see you are). The DUI has me concerned also. This is not in her favor.

Have him ask his attorney for a change of custody hearing as soon as possible. He must prove to the judge that the child would be better off living with him. They must be good reasons showing the welfare of the child would be much better with him and that the mother has been neglecting him. It's best to have this "temporary" custody arrangement changed before the divorce is final as it's harder to change once the custody is considered permanent.