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Is it LEGAL?

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asales

Junior Member
California

My daughter's father has visitation rights and sees my daughter every other weekend. I have suspected him of drug use for some time now, but had no proof and was told by an attorney that without proof, I have no options.

My proof came last week. Dad was arrested under the influence of alcohol and also was in possession of cocaine. He was in jail for a few days because he he had no means of bail. The proceedings are still underway as far as what his sentencing will be. That is all I know about what happened. The information came from his mother. She called me to inform me because she felt she was "obligated" to. Well no kidding! She also told me that he had come to her home and threatened her and her husband to keep the information from me.

Now here is my question. This information is enough for me to think that he is more than an endangerment to my child. Can I refuse to leave my child in his care because of it? Or would I be in contempt of a court order for visitation?


Please advise!
 
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If you have a current court order in place, you can be found to be in contempt if you do not allow for the CURRENT court ordered visitation. However, given this new information you have received from ex's mother, you should file for an emergency custody hearing and try to get the order modified. At the very least, you should try for supervised visitation in the future. Consult an attorney.
 

jelly

Member
information about arrests are available through public reccords for a small fee. you can tell him you run a check on him regularly and did so on hunch, thus leaving his mom off the hook. as fasr as whether you can denny visitations, I would contact the department of child and family or whatever its called out where you live. maybe theres a way you can prevent your kids from going there until you can revise your visitation in court.
 

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