My situation is this: My husband has primary joint custody of his son, now 13. Mom gets 6 weeks of visitation during the summer and every other weekend and holidays. The situation now is…Mom is now separated from her husband now. The step father was a primary caregiver for autistic 18 year old… that is severly autistic and uncontrollable that is still staying in the home with mom. Mom can not handle child. During my stepsons last visitation with mom…the brother has attempted to choke 13 year old several times and grabbing him and leaving bruises around his neck and on his arms. This happened at home several times and he done it once in a grocery store. Mom can not do anything about it and if 13 years old tries to defend himself…mom scolds him for getting into it with his brother…stating the brother can no help what he does … He is scared to be in home and is in fear of his safety. He has completed 3 weeks of the 6 weeks visitation. We don’t want to be taken to court for him being keep from her but we fear for his safety while in her home — which has just about being destoyed by the older brother – holes in walls, ceiling. Can anything be done so stepson don’t have to go back into the home. Any suggestions?
I suggest you file a motion to modify custody based on the changed circumstances at the boy’s mother’s house, and in the meantime I would recommend that the child not visit with the mother in that home unless the autistic child is not present.