My question involves child abuse or neglect in the State of: North Carolina
Hi,
I separated with my (ex) wife for 1 year now.
We were married for 4 years. That was her 4th marriage.
We have a child together (he is 4years old) and she has a child (15years old) from a father who was never in the picture.
She has a big abusive issue (against me first and as soon as I left the house her target became her son (15 years old)
After 3 physical aggression against her son (punching several time, kick in the stomach and hit with a (hair) flat iron, the DSS was involved.
(one of the aggression happened when she was followed by the DSS and their therapist.)
Her son took a video the day after where she admits she punched him and scared him away with a knife, she called him a betrayer because he told me (step father) and the police cannot do anything because he has not bruise, he is a teenager and worse case "he will go to a foster home and they will beat the crap out of him".
All that very clearly on tape. One month after, the last aggression left a swollen eye and a bruise on his arm.
Her best friend (she was, not anymore obviously) took picture of his injuries and my ex wife told her she punched him and she doesn't know what will happen if he stays there.
(she has 2 reports of neglect from DSS and apparently she had a report from 10 years ago)
The DSS took away both children to me, a judge gave me temporary custody of both children (knowing I had no "legal" rights on her son)
Now she is charged with misdemeanor child abuse (and probably will be convicted or plea guilty)
She wants now gain sole custody of her son, (and primary custody of our son), but I know (and have proof) she wants to send him to her sister who lives in Florida, who was declared unfit for her own child years ago and is married to someone under medication for personality disorder.
So it's clearly a punishment to her son to "gain control".
What is the chance a judge could give me primary custody of her son (I have no legal right except the temporary custody now, I raised him during 5 years, but he would speak up and say that he would like to stay with me and his brother)
What would be the arguments I need to tell to increase my chance ?

