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drugs and alcohol

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aksmith

Guest
What is the name of your state? Mississippi

I am looking for legal advise on what to do if you know your x is doing drugs while exercising visitation rights? Attorney is not doing job, i guess he thinks i am not serious about this issue. My three year old daughter does not need to see her father that way. This is the whole reason I left, and she is still having to see him that way. I feel like I am fighting for nothing.
 


H

hexeliebe

Guest
The reason your attorney may not be acting as you would like is because attorneys, as well as this forum, hears these kinds of stories from divorced parents (both sides) every day many times.

As for the court, it doesn't matter what you say your ex is doing, as long as you have no proof that he is endangering the child. If you feel that this is the case, get Child services involved and let them (a third-party) make the determination to bring before the court.

Otherwise, the burden of proof (and not just your word) is on you.
 
A

aksmith

Guest
help

I understand that it is here say, but shouldn't I be able to petion to the court and have him drug tested or alcohol tested. He is ordered by a judge not to consume alcohol within 24 hours of visitation with his daughter. He is also under supervised visitation carried out by his parents. I just can't see where is it okay for him to go off a smoke a fatty, and then come and get his daughter and nothing be done about it.
 
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hexeliebe

Guest
Because the court order mentions alcohol, not drugs. And because you have no PROOF. And by the way, YOU can't have him drug tested, only the court can order that and you'll need rock solid evidence of him doing so before a judge will intervene.

It ain't fair, it's the law. Even scum have rights.
 
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aksmith

Guest
continue

Would him admitting to being a drug addict and alcoholic in the temporary hearing help the situation any? He did admitt to this, and has yet to seek help for his problems.
 
H

hexeliebe

Guest
Sorry, but you're grasping for straws. It doesn't have any bearing on his visitation that he admitted it. It's what happens when he has your child that concerns the court.

If he admitted this at a temporary hearing why can't you ask him to submit to voluntary rehab. Trade him more visitation in exchange for the rehab and help in getting him straight. Remember, he is the father of your child. Help him and you help your child.
 

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