OP, thanks for laying some of the things out together in one post.
But, I'm still trying to figure out what grounds you think you have to deny visitation since 3rd parties are allowed to do pick ups. (1) Did Dad allegedly drive under the influence with the child in the car and (2) what was the timeframe between when you became aware that happened and you filed in court to modify his visitation because of that?
I understand, the fact is that I don't know where he is because the address that he provided (and yes he is ordered to keep me notified of address changes and no he never has) has been unuseable in serving him or contacting him in any way. I even gave his parents an out and asked them if Les would be present during visitations and they said they don't have to tell me anything, so I don't know where he is and he can't get served.
Also, it does state in our decree that if he is unavailable, that our daughter is to remain with me or if he must leave a visitation early, she is to be returned to me.
He did not drive under the influence of alcohol while with my daughter, but he has managed to total 2 vehicles in less than 4 months and has gotten in an accident with her in the car, but no police were involved.
I learned of his second wreck and pending DWI less than a month after it happened and while I made the mistake of denying him access before I had retained my attorney, every other time (only once more) has been under the advisement of my attorney because of what I stated earlier.
There are also other grounds such as "emotional" that the counselor is aware of and that's another reason I have been searching for so long and now have 2 lined up.
It was a long shot and modifying visitation on the grounds that I stated above, but because of his record, his current warrants (5 city, 1 county), there was also a chance. I was never going to ask for denial of visitation or anything, just temporary because of he medication that he's on too, which I don't believe he hasn't used while driving with our daughter. These meds include barbituates and vicoding. He is also drinking again, obviously, and doesn't need to mix the meds with alcohol. Our daughter has expressed concern, because of his drooling, not getting out of bed, and weird behavior that frightens her, but when I told her to tell her grandparents, she said they get angry with her.
It's a mess. Oh, and I filed on the 30th of December...CPS happened on the 9th of Jan. It's just a mess now.