My question involves a child custody case from the State of: California
I am looking for a second opinion on a child custody case that has 50/50 orders established. We have discussed some of these concerns with the current attorney, but was told "you don't have enough proof... this is as good as it will get... be grateful for 50/50... if you go back to court you could end up losing time...". But with the situations below, I would just like some input on if we should accept this and deal with the frustration best we can, or if there is more we can do.
My stepson is 5 years old and in the past year since the orders were put in place, he has communicated some concerning situations. I am stepmom, my SO is dad.
We are worried about neglect while he is with his mom. Some examples: Son tells us that mom sleeps while he is in her custody, that he is left alone with his ipad in the living room. He is left alone in her car while she runs errands. Left alone in the bathtub and the water overflowed and got cold - he was very scared and it took us weeks to be able to shower him comfortably again. He comes over to our house hungry and says he's only eaten cheez its/chips. He is scared to leave his room because he says his mom told him he can't leave the room or he gets in trouble.
Another concern is parental alienation. He tells us that mom says her house is his home, and his home is not with us. Mom says dad is bad for him, and dad will get mad at him... etc... While on a call recently, dad overheard mom prompting son to tell dad he doesn't want to come over and play. He's changed his attitude towards dad recently, and we are worried what will happen if this behavior continues. Throughout the past year, she has been in contempt on multiple occasions and has kept the child from dad as well.
Mom applied for SSDI for son because she "shouldn't even have to pay for his tylenol". She lied on the application about his "disability" and care needs. We are worried she just sees him as a paycheck. Also, isn't this fraud?
There are many more examples but I don't want to make this too long. In a perfect world, we would like son to live with us so we can provide structure and take care of his needs. We are concerned about his health and happiness, but do not want to take mom out of the picture. The times where she doesn't work and is available, she would be welcome to pick him up and spend time and we are open to working out a schedule that works for all - we want to encourage a positive mother/son relationship. But we do not feel that 50/50 time spent with her is beneficial.
Do you agree with the attorneys comments? Are these things that we just need to deal with and hope everything turns out ok? Is there something we could possibly do?