Revoking visitation

I am from Indianapolis, Indiana. My son is 6 years old. He sees his father every other weekend for visitation. On several occassions the father has been drunk when returning my son home at the end of visitation. Several times my son has told me that he has a beer while driving and even sometimes has him hold it. Everyone keeps telling me there is nothing I can do until something happens. I can not revoke visitation or I will be held in contempt of court. I am not going to wait until something happens before I do anything, I can't! I also know that he is heavily involved in recreational drug use. What can I do? What are my choices? I refuse to send him back to his fathers knowing that his life is at risk everytime he gets in the vehicle with him. HELP!

[This message has been edited by carrie_lynn_94 (edited August 21, 2000).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by carrie_lynn_94:
My son is 6 years old. He sees his father every other weekend for visitation. On several occassions the father has been drunk when returning my son home at the end of visitation. Several times my son has told me that he has a beer while driving and even sometimes has him hold it. Everyone keeps telling me there is nothing I can do until something happens. I can not revoke visitation or I will be held in contempt of court. I am not going to wait until something happens before I do anything, I can't! I also know that he is heavily involved in recreational drug use. What can I do? What are my choices? I refuse to send him back to his fathers knowing that his life is at risk everytime he gets in the vehicle with him. HELP! <HR></BLOCKQUOTE>


My response:

The danger to your son is both real and immediate. I would suggest that you file an Emergency Ex-Parte Petition to have visitation either revoked, or to have visitation monitored. In either case, the order should include that your son is NOT to get into a vehicle your ex is driving.

Your son will have to testify about this matter. Your son will not be required to testify in "open court" however. In most courts, there are "child friendly" rooms available - - with bright colors and toys, and tables, where a child can talk to the judge (with a robe on) or the court-appointed guardian (appointed only for the hearing), who can then inform the judge of what the child has said.

See an attorney immediately.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

I had retained an attorney at the beginning of the year for $300. We never ended up using him because me and my ex were able to agree on things. Now that this drinking issue has come up I have contacted my attorney. He said it would be another $650 just to petition for the visitation to be revoked. He is practicing out of the county where I live. I don't have that kind of money. You know I think, if I were on welfare I would have a lawyer provided. But because I can't afford to pay the attorney a second time, I may have to put him back in the hands of a drunk driver. HELP? What are some of my options?

I had retained an attorney at the beginning of the year for $300. We never ended up using him because me and my ex were able to agree on things. Now that this drinking issue has come up I have contacted my attorney. He said it would be another $650 just to petition for the visitation to be revoked. He is practicing out of the county where I live. I don't have that kind of money. You know I think, if I were on welfare I would have a lawyer provided. But because I can't afford to pay the attorney a second time, I may have to put him back in the hands of a drunk driver. HELP? What are some of my options?

This would be in addition to the $300 already paid to him? Can you borrow the money from somewhere? If this is the case, you could always have your attorney ask for him to pay for your court costs and legal fees. You shouldn't have to pay when your ex is the one endangering the child.

I wonder if cps would be of some help here. Then again, one should be somewhat cautious stirring up that hornets nest!

I wish you well,

Tig