What is the name of your state (only U.S. law)? PA
I live in MD but my CO is out of PA where NCP (Dad) still lives. Currently he has no ordered visitation and I have primary physical and legal custody since 12/09 because he didn't show up to court. Whenever I was in PA, I would arrange visitation with Dad. Dad has always been offered and encouraged to visit DS in MD or any other halfway point. Dad filed a modification 10/2010 for primary custody and our date is 5/16/2011.
Last Monday, DS, 11, confided in me that when he was at his father's for his birthday last June, he found a gun on his fathers windowsill. He said that he picked it up, pulled the trigger, but nothing happened. He then took the gun apart, but wasn't able to get it back together and his dad found out. His dad starts getting upset and then starts to cry and say that DS could have really hurt himself. DS then says "Mom, I know I should have told you sooner, but my Dad told me not to. He said you would get mad and I wouldn't be able to go back".
This isn't the first time Dad has asked son to lie and then it comes to light later. I found out that after his Labor Day visit last year that DS was around two cousins that are court ordered to have no contact with him because of sexually inappropriate behavior. DS also stated that this wasn't the first time he saw them since they were ordered not to be around DS- again, his father told him not to tell anyone because it would get Dad in trouble. That was the last time Dad saw DS because I emailed him asking to discuss what happened and he responded by filing for a modification claiming I was keeping our son from him and that my husband was abusing him. There's more to that story, but trying to keep the details short.
So next day I call my lawyer and he says we will file and expedited motion to suspend dads custodial rights until 1) He shows proof to the court that any gun he has is relinquished to the police dept. and he not have any guns in his home until DS becomes age of majority and 2) he gets counseling and gets a certified report stating that he understands he has to abide by all of the court orders and that he understands he puts our son in jeopardy by allowing him to have contact with the three cousins he's ordered to stay away from.
My questions are: Can a Master order this in an expedited hearing? Or can he just make a recommendation? Are these requests realistic? If they do get ordered, and Dad doesn't comply, what would be his consequences? Would his rights stay suspended indefinitely if he never went for the counseling or turned over the gun? If he doesn't comply, would that be grounds to terminate his parental rights?
Dad doesn't have legal counsel and I doubt he will be able to retain any.