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Can a parent lose his rights for drug abuse
- Thread starter Kd777
- Start date
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Ohiogal
Queen Bee
No you cannot have his rights revoked for that reason. Either his drug use is an issue or not. I am guessing it isn't until you decided you wanted to move and you want to make it an issue to move with your new love. 40 miles? Drive if it is for a job.
Zigner
Senior Member, Non-Attorney
...but only if you want to move 40 miles away...
Proserpina
Senior Member
...which you didn't think was worth mentioning in your first post.
Please understand how this can be perceived:
"I want to move, but kiddo's Dad won't let me....if he doesn't give me consent can I use his drug use against him?"
Dad is only a risk to the kids if he won't allow you to move?
If Dad is endangering the children, why haven't you acted upon this already? Either the kids are at risk, or they're not. Dad is dangerous, or he's not.
So - what's the story?
How many DUIs does he have? What proof do you have of Dad driving drunk with the kids present?
There has been action taken dss was involved and just recently decided to drop the case because the father refuses to take them anymore, he only had them every other weekend and he says he needs more time for himself, he believes he is punishing me. This man was physically, mentally and verbally abusive in our marriage, he is very manipulative and controlling, the only reason why he would try to prevent me from moving (he hasn't as of yet and he is aware of my intentions) would be to try to make it difficult for me. I have worked hard to get where I am, (because of his control issues) only being divorced a year now, the children and I are living in a small cramped apartment and they are really looking forward to this move.
so DSS found no proof of dad driving while intoxicated then you have no case.
however, you stated you planned on moving 40 miles away. dad has the kids every other weekend. are you planning to maintain dad's schedule by providing the transportation? you move, you provide the transportation and costs, standard ruling. throw in some court order phone contact. web cam access.....take it to court. notice the court of your intent to move and have dad served.
DSS got involved after it came out in therapy, the children had expressed their concern and the therapist reported it.. If dad is interested in seeing the children I dont mind taking care of the expenses, transportation etc. as of now he is not showing any interest in spending any time with them, he has not taken them in a couple of months.. what do you mean about court order phone contact and web cam?
alot of court orders include daily phone contact between the children and the non-residential parent. example, in mine, dad can call between 6-8pm to speak with the kids every evening he doesn't not have parenting time. he doesn't HAVE to call, but i HAVE to allow it. same issue with internet webcam access. dad can have a set time that allows him to have visual contact with his children on a daily basis.
what proof do you have that dad has not had contact with the children in the past couple of months?
I didnt say that he hasn't had contact with them, when we were first divorced and as stated in the divorce decree he would take them everyother weekend he has not spent physical time with them in a couple of months and I know this because I have physical custody and they are with me 24-7. How can I make sure, if he does decide to take them for a weekend, that he wont drink and drive with them or smoke pot around them. Im afraid that the kids (particularly the older one who notices everything) wont tell me in fear of dss getting involved again.
maybe i missed it, (it's hot and i feel sleepy) but does dad have a conviction involving drugs and alcohol? and just in case, no, still dad gets to keep his rights. even if.
What's the name of your state ? ( US Law Only ).
You stated DSS got involved ( CPS I assume ) , and that they dropped the case because Dad said he wouldn't be utilizing his visitations ?
I think you'd better get a copy of that report and it's findings .
Unless Dad has a documented history of substance abuse , or it's in the Dss report he admits to it , you have nothing .
If it's documented Dad can still retain his rights , and be ordered NOT TO use alcohol or illegal substances prior or during visitations .
You NEED the courts or Dad's written permission to relocate out of State .
If it comes from Dad,you'd better make darn sure a copy is entered into court records .
You stated DSS got involved ( CPS I assume ) , and that they dropped the case because Dad said he wouldn't be utilizing his visitations ?
I think you'd better get a copy of that report and it's findings .
Unless Dad has a documented history of substance abuse , or it's in the Dss report he admits to it , you have nothing .
If it's documented Dad can still retain his rights , and be ordered NOT TO use alcohol or illegal substances prior or during visitations .
You NEED the courts or Dad's written permission to relocate out of State .
If it comes from Dad,you'd better make darn sure a copy is entered into court records .
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