I would like a dentists or dental assistants opinion?

[Dgirl]

My husband has been considering trying to get custody of his 3 1/2 year old son. We feel he is being neglected. His teeth have always been a concern for us especially. FYI We did not know this was my husbands child until child was 1.5 years old, Anyways we have been pushing the mother to take him into get his teeth checked since he was 2 years old ( as it appears he had beginning stages of bottle rot behind upper front teeth mostly) So she took him last march they did not do xrays just looked at his teeth and said they were fine. We told her she should get a second opinion she said no, that insurance would only allow him to go every 6 months. She was suppose to take him back in september and never did we finally got her to take him last month and he has 6 decayed teeth. As a dentist would you feel there was neglect for a 3 year old to have 6 decayed?rotted teeth?? Also if you were the dentist in this case would you write a affadafit for a parent trying to get custody in this case?