I think we need to back up a sec and ask who the OP is in this situation.
So, who are you?
The other children are doing good. The child that is failing has been tested for a learning disability and he scored off the charts. He has adhd and his dad does nothing to address that issue. He just needs a little more attention from a patient adult. Mom can't get a tutor until homework is brought to her house.
(I think this is the grandparent)
If mom can't show some initiative in helping her son in some kind of way, and if the other kids are fine, I fail to see why the children's residential parent needs to be changed to mom.
I am not a grandparent. I am a step parent.
This is a case of shared custody. She is involved with the school but her son doesn't bring home anything to study with and the father won't allow her to pick her son from school so she can make him bring home his homework. Part of the custody agreement stated that the father had to keep the youngest in counseling and he never took him. Look at my previous posts regarding the home atmosphere. When he was in our care I would sit down with him until he was finished and he understood the material. His grades dropped since he has been with his father.
Mom needs to start building her case for custody (if that's what she wants to do) not by pointing fingers at dad but by showing how her own involvement is helping the child. She needs to show that she is a parent. Not that YOU once upon a time helped the kid with school work.
That starts by dumping the excuses bit about why she can't do anything. She CAN. I'm exasperated here. Mom can't pick the kid up from school? Ok, but what's stopping her from going in, talking to the teachers, getting resources from them herself, hiring a tutor if she thinks that's what he needs . . . I'm sick of the excuses about how mom's hands are so tied and she's so helpless, and I'm not even the judge. I'm not saying she can solve all of the kid's problems on Wednesdays and weekends, but she CAN do a lot more than make the excuses you're making for her.
Something did just occur to me and the poster won't like it.
Kiddo is on the way to failing twice? Soooooo...what has CHANGED in the past two years? If he fails this year that's no change from last year. In other words, what has Mom done about it? She hasn't petitioned before now? She's effectively done nothing?
Yes, I know, I know, it seems counter-intuitive. But it's an important point that some judges will use to toss the petition on its backside before you can blink.
On paper, Mom's done absolutely jack about her son's issues at school.