Father and i want custody of his son!! suggestions?

Question

ok long story...last year my husband and i were contacted by child protective services because someone made a report to them that his sons mother was an alcoholic and meth user...they went to the house and see that is was very messy reeked of urine barely any food and the child didnt even have a bed to sleep on...the mom would not take a drug test for CPS and was very uncooperative...went to court with all the documents and the judge still said there was not enough evidence to modify custody (DUMB@SS) since that court date the mother has moved 6 different times, the child live eith his grandfather for 6months while she lived over an hour away, when she did have him move back with her we notice he lost quite a bit of weight for a 8 year old (started seeing ribs) now we got another call less than a year later from CPS of domestic violence in the house where he lives when asked by CPS if his mother's boyfriend has ever hit him, he hesitated to say no

Answer 1

If CPS has contacted you, its obvious they would like you  (your husband) to do something. Go to family court and sue for custody. Next time CPS contacts you about him, say you will take custody of him immediately. You can have temporary custody while this gets sorted out in court. Feed him, love him, insist on the mother's drug tests, why haven't you done anything about this?

Answer 2

There is absolutely no reason why you can't contest the hearing and argue to get custody of your husband child..get a good lawyer...not sure why he wasn't taken out of the home by CPS when they arrived and saw the living conditions...how old is his son? I'm sure there's more to it..but there seems to be missing pieces to your story..first if the call to CPS was related to drugs activity then she would be required to give a urine sample for drug testing and if she refuses then the courts should have ordered this to be done...secondly why would the grandfather take over temporary custody of him when he has a father...is your husband paying child support?

EDIT: If your husband is paying support then there shouldn't be any reason why you can't contest the ruling and sue for full custody on the basis that she can't provide a stable nurturing home....it's clear the house was not even clean enough for a rat to live let alone a poor child and she doesn't even have adequate sleeping quarters for her son...if the accusations are true and she is using then you'll have to somehow get evidence as to where she's getting the drugs from or witness her taking them....I know easier said then done however I've known people to be very inventive when doing this...Has CPS closed the file?