Can Social Services Take My Son Away From Me?

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Three months ago, my ex-wife’s house was foreclosed on and now she lives with my son and her husband in a friend’s 4 bedroom home with 11 people in it. I would like our son to live with me since I have a decent place where he can stay. Currently. he sleeps on the floor of the living room. I tried to talk to her for weeks now, but she always says no. I even talked to my son who is 12-years-old about this, but he keeps on crying that his mom needs him. I only get him during the weekends. I am paying child support and was told by a friend that if Social Services discovers this, they would take my son away from us. What shall I do? Any advice? Thank you!

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You can go to court and request a temporary child custody modification based on the current circumstances. You will likely have to show that your son is not living in a suitable environment in order for the court to modify your existing custody order. You can request for your son to come and live with you until his mother can acquire a better living situation. It may be in your best interest to continue to contact your ex-wife to work out a temporary child custody arrangement that is compliant with your existing order until she can retain a more suitable dwelling for your son.

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Author: House Attorney