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Can i win custody of my disabled son

Gastonia, NC |

I just found out last week that my son who has down syndrome and is 17 was penatrated with a finger by his step brother who is 15 last year. My son's father never told me and I only found out because dss called to inform me since I am his mother. We have a court order of joint legal custody and I should have been told when it happened. Yesterday the detective who is investigating the case called to inform me that the 15 year old admitted to it. I have been told they will issue a warrant for his arrest. Dad is making sure not to leave the boys alone. DSS told me they closed the case and Dad was doing enough by keeping them seperate.

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Attorney answers 3


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.

Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances.


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.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


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.

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