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  1. #1
    Jaz854 Guest
    My husband and I live in NY state, both had previous marriage with kids. In my husbands divorce, they had joint custody with him having primary residential custody of 5 yr. old boy. In January of 2000, we found out that his ex has a severe drug problem and he filed for and won sole custody, but the court granted her supervised visits at the drug rehab/halfway house. In December of 2000, she wanted unsupervised overnight visits in the last step of her program, called Supportive Living, and was granted that. However, the Law Guardian put some stipulations into that hearing that if she got kicked out of the program, visits were to be suspended, and she would have to file to have them reinstated. She has just gotten thrown out of the program for her second violation in 2 months, (testing positive for drug use) I guess my question would be how many chances does this woman get to confuse this little boy?He had a period between February and July where didn't see her because she was in a rehab hospital of some kind. Then, he had to go to some strange house with other reforming addicts to see his mother. Then he had 2 overnight visits with her, unsupervised, now he is right back to no visitation. Will the court ever take his emotional rights or his happiness into consideration? Thanks for any help on this, my husband and I are so tired of going to court on this matter. It's not that we are trying to keep him from seeing his mother, but we don't want him exposed to a drug using environment. We are also in the process of having him evaluated for psychological problems that he may be having. Would verification from a psychologist that he is having problems with this situation help in court? Thanks again.
  2. #2
    cat2young Guest

    Rights

    The doctors testimony may help but (unfortunately in some cases) the parent sill has rights to, and the court must consider them as well. How long the court will put up with a parent that can't or won't take the job seriously depends on many things, the time and money the parents have to fight with, the age of the child, and probably the most important the judges temperment about these issues involved. This is a short list of the many things that can figure into any family law case.
    Good Luck

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