Q: A 14yr old left alone to parent his 12yr old and 4yr old autistic brother while his physical custodial parent leaves
Them unattended. Recently the 12 year old has been complaining about his mother leaving them alone and making the 14 year old cook and clean for them, alongside taking care of their 6or 7 dogs in their 3 bedroom apartment. She shares a custody agreement with the father who has the 1.3,5 weekends but also shares another child w/ someone else. She will get upset if the other child cannot go & has even held his 2 children with her on HIS weekend & refused to let him pick him up. Is there anything he can do about this? The 2 preteens have been complaining to the dads sidegrandpa, grandma, their dad, aunt & uncle that they don’t want to live with their mom, that she guilt trips them, says she is going to move to Dallas when In their custody agreement she can’t take them out of the county unless their dad agrees &gives permission. The 12 year old wants to know as well if he can call CPS bc he doesn’t feel safe at night when his mom leaves them home alone &doesn’t come back until past 12am
A:
If Father is in a position to take over custody of his children, he should file a Petition to Modify the Parent-Child Relationship in the county that the original court order was issued. This situation certainly sounds like there are circumstances that would significantly impair the physical and emotional well-being of the children that could warrant a Judge changing primary custody of the children to him. He should file this petition sooner rather than later.
Also, if there is a child in this household who is NOT his biological child, he will have no rights over that child.
If any person is seriously concerned about the conditions under which the children are living, they should call CPS and get them involved. That is what they are there for. This includes the 12 year old child who doesn't feel safe. At the very least, if he doesn't feel safe at home when Mother is gone, he should contact the police and have them come out. The police will then call CPS.
I hope this information helps. Good luck to you.
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