I would recommend that you consult with an attorney in your area immediately. If a child is subjected to abuse or threatened with mistreatment or abuse, this is grounds for emergency custody, and I would also assert that such circumstances warrant a review of your current custody order and potentially modification . Please speak with an attorney in your area.
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I strongly advise getting a lawyer. This will be difficult to navigate without one. Yes, you could have a case to win custody, especially if both your son and the step-brother will still be in the same home.
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One ground for changing the custody immediately on a temporary basis is a substantial risk of physical or sexual abuse to a child. Once the custody case is tried it will be decided by the judge based on the standard of the best interest of the child. This involves many factors and I would need to discuss this with you in detail. Contact my office if you decide to hire an attorney.
The author of this opinion is licensed only in the states of NC, SC and TN.