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  1. #1
    Reba810 is offline Junior Member
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    Need temporary injuction to suspend visitation....

    What is the name of your state? Florida

    My sister shares joint custody of her 3 and 1/2 year old (she and the father were never married). He only gets her Tues from 3:30pm-7:00pm and starting when she turned 3, he gets her every other weekend from Sat. @ 12pm to Sun @ 6. When she turns 4 in June, he will get her every other weekend from Fri-Sun.

    He has just recently moved out of his parent's home (He is 25) and moved in with a couple of his buddies, so Kayla has to go to this bachelor pad every other weekend. She has no room of her own and sleeps with him. Most of her toys and clothes that her father has for her are still at his parent's home. My sister has to send everything she will need for the over-night with her when she goes.

    The main reason for my post is that I need advice on suspending his visitation until he will agree to abide by the final judgment. Kayla was born 3 months premature and suffers from a suppressed immune system and chronic problems with her lungs. She is an active, happy, and otherwise healthy child and is incredibly smart for her age. Our problem is that she has recently started having serious pulmonary problems and is again under the care of her doctor's. The problems have been so serious that it is actually in the final judgment that neither parent can knowingly expose the child to cigarette smoke or other irritants. Also, due to his history of drug abuse, it states that the mother has the right to suspend visitation if she feels that he is exposing the child to cigarette smoke, or is under the influence of drugs or alcohol. Recently, she had to go to his house to get in contact with him while he had Kayla, because his cell phone (he claims the only phone in the house) had been disconnected for non-payment. To her horror, she got there and witnessed several ash trays filled with cigarette butts and ashes littered all over the home. There was also a banner hanging on the wall that was designed to say "Welcome Bikers", but had been revised to say "Welcome Bitches". She told me that the odor of cigarettes and the filth of the home was overwhelming. Kayla comes home smelling of cigarettes and using some of the most disgusting language.

    He is also seriously behind in child support (over $1000), owes $600 on his cell phone (the only way to get in contact with him when he has Kayla), owes $300 in tickets and violations (open-container), and is driving with an expired license on a bum tag with no insurance.

    I would hate to falsely accuse anyone of using drugs again, but his erratic behavior and blatant disregard for Kayla's safety is making me very concerned that he is returning to this unhealthy lifestyle. What can we do?

    I am sorry this is so long.
  2. #2
    Zephyr is offline Senior Member
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    If the order says she has the right to suspend visitation, and the sistuation is as you describe it, suspend the visitation. allow dad to visit daughter at mom's house only. if the order says she can do that, she will not get into trouble enforcing it, if she continues to allow child to go over to dad's then SHE is in violation of the order about the health issues.
  3. #3
    bononos is offline Senior Member
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    "Also, due to his history of drug abuse, it states that the mother has the right to suspend visitation if she feels that he is exposing the child to cigarette smoke, or is under the influence of drugs or alcohol."

    If the order states this, then by all means, suspend the visits, she legally can.
    Also, if there is a situation or questions by him, and this ends up in court, save some small (insignificant) articles of her clothing in plastic bags, dated.
    The ziploc kind should hold the stench of cig smoke.
    If he's so far behind in bills, then he may be unable to take this to court.
    Good Luck1
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by Reba810
    What is the name of your state? Florida

    My sister shares joint custody of her 3 and 1/2 year old (she and the father were never married). He only gets her Tues from 3:30pm-7:00pm and starting when she turned 3, he gets her every other weekend from Sat. @ 12pm to Sun @ 6. When she turns 4 in June, he will get her every other weekend from Fri-Sun.

    He has just recently moved out of his parent's home (He is 25) and moved in with a couple of his buddies, so Kayla has to go to this bachelor pad every other weekend. She has no room of her own and sleeps with him. Most of her toys and clothes that her father has for her are still at his parent's home. My sister has to send everything she will need for the over-night with her when she goes.

    The main reason for my post is that I need advice on suspending his visitation until he will agree to abide by the final judgment. Kayla was born 3 months premature and suffers from a suppressed immune system and chronic problems with her lungs. She is an active, happy, and otherwise healthy child and is incredibly smart for her age. Our problem is that she has recently started having serious pulmonary problems and is again under the care of her doctor's. The problems have been so serious that it is actually in the final judgment that neither parent can knowingly expose the child to cigarette smoke or other irritants. Also, due to his history of drug abuse, it states that the mother has the right to suspend visitation if she feels that he is exposing the child to cigarette smoke, or is under the influence of drugs or alcohol. Recently, she had to go to his house to get in contact with him while he had Kayla, because his cell phone (he claims the only phone in the house) had been disconnected for non-payment. To her horror, she got there and witnessed several ash trays filled with cigarette butts and ashes littered all over the home. There was also a banner hanging on the wall that was designed to say "Welcome Bikers", but had been revised to say "Welcome Bitches". She told me that the odor of cigarettes and the filth of the home was overwhelming. Kayla comes home smelling of cigarettes and using some of the most disgusting language.

    He is also seriously behind in child support (over $1000), owes $600 on his cell phone (the only way to get in contact with him when he has Kayla), owes $300 in tickets and violations (open-container), and is driving with an expired license on a bum tag with no insurance.

    I would hate to falsely accuse anyone of using drugs again, but his erratic behavior and blatant disregard for Kayla's safety is making me very concerned that he is returning to this unhealthy lifestyle. What can we do?

    I am sorry this is so long.
    Well...if her orders specifically state that she has the right to suspend visitation if she believes that he is exposing the child to cigarette smoke and she saw overflowing ashtrays and the child comes home smelling like smoke...then she has the right to suspend visitation.

    She probably should take it back to court to to to get orders that his visitation must take place at his parent's home.
  5. #5
    Reba810 is offline Junior Member
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    Thank you all...

    I appreciate the input. I am just nervous that something could come back to hurt her when this does go to court. If it were up to him alone, he would be unable to take it to court. However, his mother, who in the past has suggested that my sister take this action, has told him that she will finance him taking this to court if he so wishes.

    The ziploc bag idea was great. I wish we had thought of it before, but thank God, we will not have the opportunity to do that now, because Joanne will not be letting her go back there anytime soon. Our word will have to be good enough when it goes to court.

    Thanks again.
  6. #6
    stealth2 is offline Senior Member
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    Actually, YOU can do nothing. Your sister can do as suggested above.
  7. #7
    rmet4nzkx is offline Senior Member
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    A doctor's reccommendation is not a court order. If there is a change in circumstances, either parent can petition for modification of the court order. If mom violates the order she can be held in contempt.
  8. #8
    LdiJ is offline Senior Member
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    Quote Originally Posted by rmet4nzkx
    A doctor's reccommendation is not a court order. If there is a change in circumstances, either parent can petition for modification of the court order. If mom violates the order she can be held in contempt.
    Rmet...the order states that she can suspend visitation if she believes that he is exposing the child to cigarette smoke. Its in the order because the child has serious medical issues as a result of being preemie.
  9. #9
    Reba810 is offline Junior Member
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    Stealth2: Thanks for the input. Of course I realize that there is absolutely nothing I myself can do. I am certain though on some level you were trying to be helpful. Thanks .

    Rmet: Yes, you are right. A doctor's recommendation is not tantamount to a Court Order (I wish it were). In this case, however, it is actually stated in the Final Judgment. Of course my sisterwould like to avoid a contempt charge and do this the right way. I really wanted to get the input of the people on this forum about what is specifically stated in the final judgement.
  10. #10
    stealth2 is offline Senior Member
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    Quote Originally Posted by Reba810
    I really wanted to get the input of the people on this forum about what is specifically stated in the final judgement.
    Then that may be the place to start. Posting what is SPECIFICALLY stated in the final judgement. Not your or your sister's interpretation of it. But what the final judgement actually says.

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