Mother is always moving around. She was kicked out of her boyfriend's house again and dropped son off the next day. It is now two months later and she is living with her sister with no time frame as to when this will change. Father is still paying child support. Son's mother drinks heavily and takes son's ADHD meds, jumps from job to job, place to place. He (12 years old) does not want to live with her but is afraid of her reaction since she is volatile. Do we have any recourse? This is not the first time she has done this. Last time, Dad tried to get custody, the court said she did the right thing since she didn't have the means to care for him at the time. So she took him back and withheld the child for two years.
You need to go to court to file a motion for modification of custody and child support based on a substantial change of circumstances. You should consult an attorney but also, some counties have do it yourself forms. Check Mecklenburg County online, which you can change the county at the top of the forms, but still make sure to contact your county clerk's office to verify any different/additional forms or steps
You should file motions for modification of custody and child support as soon as possible, preferably with the assistance of an attorney who has experience with such motions.
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