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.