Drug testing for custodial parent

[Ohiogal]

I did not know dad until they were no longer together...and they were never married.

And Dad is fine with her living with someone, he is just concerned about the drug issue and about the fact that mom took away his overnight visitation for 8 months due to the cohabitation issue after she had the court add it to the agreement and now she is doing the same thing.

And Farfella...mom's drug use was before dad met her. I can assure you he does not now nor has he ever used drugs.

Mom cannot take away his overnight visitation if it is in the court order without the COURT ordering that he doesn't get overnights. And if she is doing the same thing in violation of the court order then he needs to go for contempt.

 

[greenlady]

Mom cannot take away his overnight visitation if it is in the court order without the COURT ordering that he doesn't get overnights. And if she is doing the same thing in violation of the court order then he needs to go for contempt.

The judge told dad at the last court date (when they added the overnight visitors part) that he could not have the children spending overnights when girlfriend was there, but the visitation schedule was not changed. So that makes it difficult to keep the children when dad and girlfriend own a house together. But that would not have been enforced by the court since they have no way of knowing unless mom refused the overnight visits. Now she has her bf living with her and she has custody. Dad already filed a show cause on her for contempt and she had her criminal hearing for that last week. No one knows what happened since she is the only one there for it, but the bf is still living there.

 

[Ohiogal]

Then he needs to take mom to court for contempt for living with her boyfriend and ask that that portion be removed.

 

[greenlady]

Update

Mom and Dad went to court last week and the judge changed nothing and did nothing about mom having a live in boyfriend. Judge told mom the same thing she told dad, that it wasnt allowed. Mom lied to judge and said he wasnt staying there (after she was 45 mins late to court because of a supposed flat tire...which was a lie). Judge even told dad that he still needed to get rid of me (kick me out of my own house) every other weekend so he could have his overnight visits. Good ole Commonwealth. We still live in the dark ages here in VA.

Mom and dad have both been ordered to take a co-parenting class before the next court date.

Judge did tell mom that it was not dad's fault that child had to go to ER after visitation because he had pneumonia, that the child had it before he was picked up that day (duh).

And as of this past weekend, mom is engaged to new boyfriend. They have only been seeing each other for a month or 2 max. YIKES!! I made that mistake before...never again.

But on a good note, since mom knows she is violating the order for overnight guests, she has told dad that she wont fight him keeping the kids overnight now. So if she allows the ON visits, the court wont have to be involved anymore. And since the ON visits were never taken out of the order, the CO will not be violated.

Oh and Ohiogal...they never served mom with the summons for the contempt dad filed, so it will be continued to the next court date...in OCT!!! Sheesh!!

Thanks everyone for all your help. I'm sure I will be back again.

 

[stealth2]

I always marvel that the parent is SO concerned, yet can't be bothered to ask his/her own question.