Q: My step son goes to his moms house every other weekend. My husband has primary custody and his ex wife has secondary.
He is always going over there and her not being there and leaving him with her boyfriends and other young siblings. Plus he is always getting hurt over there. Plus she has not paid any child support in almost 4 years and hardly spends anytime with him. He walks to the park by himself a 2 mile walk without her. We feel its unsafe for him to go there anymore. Do we still have to let him go on her weekends if all this has been going on?
A: One has to follow the child custody orders until they are changed. In order to get the custody and visitation changed, he would have to file a Motion/Petition to Modify with the court, typically the court where the original orders were entered, seeking the changes he wants. If there is a significant danger to the child’s emotional and/or physical welfare, it might even be possible to obtain ex parte relief from the court restricting his ex’s possession of the child until a full hearing can take place.
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