I had a drug problem but went to treatment and have been clean 5 years. In the mess I created I lost physical custody of my son who was 7 at the time. I retained legal and we didn't change our schedule, 3 nights a week with me 4 with dad. My lawyer convinced me it was just a label, which isn't true but she didn't want to go to trial and I was out of money. My son's father has always had a drinking problem but over the last 2 years it's gotten worse. My son is now 13 and doesn't want to be with his dad anymore so he's spent more and more time with me. I also started being the primary financial provider the last 2 years, school clothes, activities, lunch for school. He did see a therapist for about a year and has tried to confront his dad, as have I, but his dad won't listen. His dad also won't agree to just settle and give me joint custody back. Besides the therapist my son has a school social worker who is also very aware of this issue and what the drinking is doing to our son. The anger that our son has for his dad is growing and worries me. Can I take him back to court? Is this enough of a change under Minnesota law?
A change of custody is never simple and your complex situation cannot be simply diagnosed without a greater background as to what happened in the past and what is going on now. A review of the last court order would also be necessary. You should consult with a lawyer in person to discuss your options.
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