How to change the custodial parent and stop the child support payments?

You are contemplating a major modifcation of your parenting plan. A major modification is one in which you are seeking to change the child's primary residence. Parenting plans can be modified upon a showing of a substantial change in circumstances in the life of the non-moving party (mom) or the child. The two recent CPS interventions and the one that occurred five months ago, are in my opinion, enough to establish "adequate cause" to modify the parenting plan. You should make a records request to CPS asking them to provide reports of abuse an neglect regarding your son. If you can, obtain a Washington State Patrol background check on the boyfried to see if he has any convictions for child abuse or domestic violence. If he has a criminal history, you will want to file that along with the CPS records. Don't take too long getting all of this together. The more time that passes betweeen the incident and your filing the less compelling your argument seems, which is not to say that you should run into court with establishing the necessary facts. If you consider the danger to your son an emergency requiring immediate court action, then you definitely need to consult an attorney. The attorney will likely discuss the possiblitly for filing a Motion and Declaration for an Ex-Parte Order among other things. Back to your immediate question. There are number of grounds for a major modifcation and you can claim more than one. Based upon the facts you've provided I think that it makes sense to allege that the child's home environment is detrimental to his physical and emotional well being. You should also prepare a declaration outling your serious concerns for your son's safety. There are a number of other documents that need to be filed along with your Petition. You can purchase a modfication packet from your local Superior Court. You can also download the forms from http://www.courts.wa.gov. As for child support, the Petition for Modification of Parenting Plan contains a paragraph that states that you are also seeking to have child support addressed through the current action and no seperate petitioner needs to be filed. Check that box. Contact the Superior Court and find out if they have a facilitator who can assist you in completing the required forms. Facilitators are generally not lawyers and cannot give you legal advice. You should contact your local family law attorney to discuss your options and obtain some expert guidance if you choose to handle this matter yourself. Good Luck.

You say your 13 year old son has been beaten by the mom's boyfriend, and CPS is involved. You should immediately consult with a good family law attorney to discuss whether you should file a petition to change custody. Many factors are involved, but if the mom continues to fail to protect your son, your petition may be granted on the basis of child abuse and domestic violence. It is also possible that CPS would consider you as a placement for your son (instead of foster care) if they remove him from his mom's care. CPS is required to give first consideration for placement with other relatives (including dads) when a child is removed due to child abuse or domestic violence. Make sure you contact CPS and let them know that you are available as a placement.