Carrying gun, medical weed, & assault
It has been a while since I have posted about this friend (SM) but that is in part because I told my friend in a nice way that in regards to their custody situation if they aren't going to file or pursue anything to try and switch custody then to stop wasting energy talking about it/asking for advice on it all the time. I really said it very nicely, but that is the gist of what I meant.
So on to a new update on my friend (SM)'s situation. Since summertime, SM and her DH have not been trying to pursue a change of custody for SD (7) basically because the DH did not want to start conflict, he was leaving for 3 months to go to a training school for the military, SM works 11-13 hour days sometimes, and honestly the DH did not want to get involved in a custody battle. So yesterday SM calls me and asks me if I know anything about medical marijuana and gun laws. She went on to tell me how the BM in their situation is apparently now smoking medical marijuana, carrying a gun, talking about weed in front of SD, constantly always high and either yelling at her new husband or playing video games, etc. Apparently BM's mom texted SD's father (SM's DH) and said how they came to visit the grandma and she was worried about SD's safety and filled him in on the gun, weed, etc. I told SM that unless BM's mom is willing to testify against her daughter in a custody case and/or report her daughter to CPS or police than those things really can't help her DH win custody because he was not a witness to any of it. BM's mom several times has texted SD's father (SM's DH) and said about how unstable BM is, neglect, etc. but when it comes down to it, the mom will not testify against her daughter because she is afraid of her. I left the phone call at telling her, 1. you need BM's mom to testify/report BM, 2. You need lots of evidence of a change of circumstances and that SD is not thriving with BM, 3. You need to look up the gun laws and marijuana laws for BM's state.
Bf and I went to see a movie yesterday for the first time since January and when I came out of the theater SM had texted me that BM had been arrested for assault and battery between our phone call earlier and now. Apparently BM hit her mother and step dad so they called the cops on her and BM is currently sitting in jail. Then this morning I wake up to "if BM is still in jail tomorrow (11/23) then DH is allowed to go and get SD.
So now on to why I posted, BM got arrested in the state the grandma lives, not her home state, and the DH is on an out of state custody schedule. I was going to advise my friend that they should file for an emergency custody hearing immediately if they want to try and get the custody switched at least until they can get a legit hearing, but that they still will need BM's mom to testify against her daughter, etc. Anyone else have any other advice for my friend or is my advice not even correct?