Welcome New User! ( Create Account | Sign In )
 
Question

Submitted 344 days ago...

Anxious

Anxious

New User (1)

Does a custodial parent with sole custody have to let child go with the noncustodial parent when he is on drugs?

My l18 year old daughter left her husband after he tried to strangle her. She split his lip by hitting at him trying to get away from him, and he took a picture of his lip, and got a protective order on her. He picked up their one year old son from daycare, and kept him from her for 5 weeks. She got a quick divorce, and because he didn't respond to the summons he was served with, she was awarded full custody. This was signed and filed by a judge 2 days before she went to court for the protective order. Her x had an attorney at the hearing, but her attorney said he does'nt handle protective orders, so she represented herself. The judge said that she could pick up her son, but he extended the protective order for another 6o days, and her x and her could only communicate by text messaging on the phone. my daughters father and the mother of my x-son-in-law are suppose to make all arrangements for visitation of their son. They took my grandson out of state, and kept him for an additional week. Carly's(my daughter) x is on oxycontin, and is extremely out of control. He is calling us at all hours, sometimes at 2 and 3 in the morning. He is texting her and calling her from private numbers. He was awarded visitation, but she isn't suppose to let him take her son if he is under the influence of drugs or alcohol. Yesterday he took our grandson, I could tell he was high when he came to get him. Does she have to prove he is on drugs, what can she do?

 
 
 
Answers
 

Answer 1 / 1

Submitted 212 days ago...

tomturkey

tomturkey

Brain (2,862)

If at anytime you suspect the father is on something,no way do not let him take the child visitation or not. I would file with the court to modifly the orignal custody order asking for limited visitation from the father until you know he is not doing drugs. It sounds like your daughter needs a protective order on the father. If she gets one then he would not be able to come to her home to pick up the child and she can also use that protective order when she goes to court. When you get an order of protection be sure and keep all your texts messages and any other evidence you have showing he is harrasing you.

 
 

Answer This Question Now

If your Answer is chosen as the “accepted” answer, you will earn ongoing royalties on this thread.
Simply type your Answer in the box below and post your answer.

Email Subscriptions

Author adds clarification

All new responses

Related Questions
 

This Question has not been awarded yet.

Post your answer now!