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Hey guys, I am a little stuck on what steps I should take for my situation and/or what rights I have. In November 2017 my ex wife left my step son with me a week before thanksgiving and never returned. I never called CPS on her because I wasn’t sure if that was considered neglect. She is a long time drug addict and has been in and out of rehabs and jail. Just in this past year and 3 months she was in jail twice I believe and has only come around to a few of his soccer games last year and visited with him through her parents after the games which were saturdays. It only lasted a short period of time. Before me and her got together she had a custody agreement with her mother while she went to “rehab” that gave her mother majority custody and gave her only visitations every other weekend. Her mother had custody for a year or 2 before me and her got together and then her mom gave him to us. We got together in 2013 and married in 2016. He was in our care in the summer of 2014 and on. I have been caring for this child alone everytime she got locked up or went to rehab and when we separated when she left in 2017. Everytime she goes to jail she contacts my step son telling him she’s going to come visit him and he’s going to come live with her when she gets out. He has been through a lot with her addiction that he doesn’t need to continue to go through. He goes to weekly therapy and everytime she comes back into his life and leaves again it sets him back negatively in many ways. He becomes stressed about her getting out of jail and then excited when his grandparents just decide to bring her around without talking to me about it and then he gets stressed out and angry when she disappears again and he acts out towards me at home. It’s a constant viscous cycle he is still being put through all the time while she suffers no consequence of abandoning her son. All the while she just thinks it’s ok to continue this. I feel as if me and him are stuck in this spot not able to move forward from this chapter. So my question is, if I would have called CPS would they have been able to do anything being that I’m his step parent and he was left in my care? Can I still call? I’m looking to get a divorce but if I were to do that first would that leave me with no rights to him? Can I file for emergency custody? Who do I file against, her, her mother, or both? (Due to the custody order between them) Is this even the right place to be asking this stuff? I’m just stuck on what to do, what my rights are, where to begin, and lawyers are expensive when the money goes to the bills and the kid. So if anyone has any advice or can help in anyway, I would greatly appreciate it.
Just a confused and concerned mom