Need advice EX putting kids health in harm

[jenndun]

What is the name of your state (only U.S. law)? TX

My divorce paper state that X can not smoke around my kids. They has bad asthma. He has ignored this for two years now. He continues to smoke around them and has them in a house with three other people who smoke. My kids come home needing extra breathing treatments every few hours for days. The last time I sent them my youngest ended up in the hospital for two days on oxgyen. CPS investaged and today informed me that X is not the one smoking around the kids (which is crap) it is the others in the house. Since X has talked to his roommates about the issue he it is okay that he has the kids and I need to send them. They said that x claims he is not giving the kids their meds becasue what he has is out of date. He knows I filled there empty bottles with good meds so he has some. I can't send them each time because they don't come back and I have to buy new ones. This is crazy. My lawyer wants 3k to go back and try to force him not to have the kids in the house. She says since I did not keep the kids cloths after each visit and do not take them to the er when I pick them up it might be hard to get anything changes becasue I have no real proof. I did take my son to the dr last time but since I waited until Monday morning it is not real proof. She said even though she agrees with me I have to let the kids go. If X wants to be a pain he can file on me and judges do not like when visitation is withheld. I get it. I just can't keep letting them be sick. I thought maybe I could go back and file a ton of contempt charges on him but have no idea how or how fara I can go back. I can't afford to do anything right now anyway.
The kids are suppose to go this weekend. My son just came home from the hospital. He had a bad asthma attack. His breathing is not good right now. He was on the border of having to stay another night. There is no way I can send him. Any advice would be great. Thanks

 

[xxnatalixx]

What is the name of your state (only U.S. law)? TX

My divorce paper state that X can not smoke around my kids. They has bad asthma. He has ignored this for two years now. He continues to smoke around them and has them in a house with three other people who smoke. My kids come home needing extra breathing treatments every few hours for days. The last time I sent them my youngest ended up in the hospital for two days on oxgyen. CPS investaged and today informed me that X is not the one smoking around the kids (which is crap) it is the others in the house. Since X has talked to his roommates about the issue he it is okay that he has the kids and I need to send them. They said that x claims he is not giving the kids their meds becasue what he has is out of date. He knows I filled there empty bottles with good meds so he has some. I can't send them each time because they don't come back and I have to buy new ones. This is crazy. My lawyer wants 3k to go back and try to force him not to have the kids in the house. She says since I did not keep the kids cloths after each visit and do not take them to the er when I pick them up it might be hard to get anything changes becasue I have no real proof. I did take my son to the dr last time but since I waited until Monday morning it is not real proof. She said even though she agrees with me I have to let the kids go. If X wants to be a pain he can file on me and judges do not like when visitation is withheld. I get it. I just can't keep letting them be sick. I thought maybe I could go back and file a ton of contempt charges on him but have no idea how or how fara I can go back. I can't afford to do anything right now anyway.
The kids are suppose to go this weekend. My son just came home from the hospital. He had a bad asthma attack. His breathing is not good right now. He was on the border of having to stay another night. There is no way I can send him. Any advice would be great. Thanks

I don't have legal advice, but about sending the meds, you pour meds in the old bottle for you to keep and send him the new one. I used to just ask the pharmacy for an extra empty bottle and they gave me one with the label on it to send to dads. Your pharmacy might do that for you too.

 

[Silverplum]

What is the name of your state (only U.S. law)? TX

My divorce paper state that X can not smoke around my kids. They has bad asthma. He has ignored this for two years now. He continues to smoke around them and has them in a house with three other people who smoke. My kids come home needing extra breathing treatments every few hours for days. The last time I sent them my youngest ended up in the hospital for two days on oxgyen. CPS investaged and today informed me that X is not the one smoking around the kids (which is crap) it is the others in the house. Since X has talked to his roommates about the issue he it is okay that he has the kids and I need to send them. They said that x claims he is not giving the kids their meds becasue what he has is out of date. He knows I filled there empty bottles with good meds so he has some. I can't send them each time because they don't come back and I have to buy new ones. This is crazy. My lawyer wants 3k to go back and try to force him not to have the kids in the house. She says since I did not keep the kids cloths after each visit and do not take them to the er when I pick them up it might be hard to get anything changes becasue I have no real proof. I did take my son to the dr last time but since I waited until Monday morning it is not real proof. She said even though she agrees with me I have to let the kids go. If X wants to be a pain he can file on me and judges do not like when visitation is withheld. I get it. I just can't keep letting them be sick. I thought maybe I could go back and file a ton of contempt charges on him but have no idea how or how fara I can go back. I can't afford to do anything right now anyway.
The kids are suppose to go this weekend. My son just came home from the hospital. He had a bad asthma attack. His breathing is not good right now. He was on the border of having to stay another night. There is no way I can send him. Any advice would be great. Thanks

You have to obey the court order. Talk with your X like a father, see if it helps.

Next, you have to do what your attorney says: GET the proof you need to change the court order.

 

[jenndun]

I ended up sending the older kids. I kept my son that is sick. I know it is not following the court order but I could not send him knowing he was so sick. I have tried to talk to my x he tells me he grew up in a house of smoke and he is fine. According to him the doctors are wrong and it is not his house causing the kids to get sick.

 

[Ohiogal]

I ended up sending the older kids. I kept my son that is sick. I know it is not following the court order but I could not send him knowing he was so sick. I have tried to talk to my x he tells me he grew up in a house of smoke and he is fine. According to him the doctors are wrong and it is not his house causing the kids to get sick.

Both your threads tell me you are looking at trying to prohibit dad from having a relationship with HIS children. You are on your way to losing custody with the games you are playing.