thier fathers who uses drugs and is strung out and pheening when I take my kids to thier visitation with thier father he seems to still be coming down from drugs? When I go back to court what is the best action I can take to get him clean for my welfare of my kids during thier visitation? supeana a drug test or make him do a drug and alcohol court ordered program?
2006-06-16 19:01:36 · 14 answers · asked by hollywoodluv 2 in Family & Relationships ➔ Marriage & Divorce
hire a good attorney. make sure its one that specializes in child custody
2006-06-16 19:04:03 · answer #1 · answered by none 5 · 0⤊ 0⤋
First of all , your going to have to show some form of proof that there is the possibility that he uses drug. You can't just go to court and expect them to take your word for it and make him take a drug test. If you do find a way to make him be tested his probably going to be notified about it and will have a few days before his tested. All he has to do then is not use them until after his been tested. Your going to need a really good lawyer that knows how to force him to get a drug test the same day your in court with him. But if it comes back negative he may decide his going to sue you for accusing him.So take that into consideration
2006-06-17 03:30:33 · answer #2 · answered by Countrygirl 5 · 0⤊ 0⤋
I begin by stating that, for the wellfare and safety of the children you could ask the court to have the father submit to random urinalysis'. The court might consider sending the father to a treatment facility depending on the circumstances and the severity of the issue. In the end, the father has to make that decision on his own. He has to be ready to quit using for the rest of his life. If he isn't ready, then any action taken towards him and his addiction may drive him further into using. So the ultimate option you have at your disposal is; to cut off all contact with the children and issue an ultimatum, that when he's ready to quit using, whatever it may be, as his family and find help, get help, and stay quit - then he can see his children. It may take months or even years. Remember, he brought his addiction on himself and he has to learn how to deal with it, himself. The children, nor you, forced him to start using. You have to stay strong in your decision and no matter how he pleads his case - you must be firm in what guidelines you've established. The support of the court is always in favor of the mother and children in situations like these. If he really wants to see his children then he should be willing to make the necessary sacrifice - you did. -peace.
2006-06-17 02:18:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Get a court order that he does not see them until he goes through rehab. In some states this is possible. I was held in contempt because I would not send my child and I went to court explained it to the judge and he sent him through rehab, after that he got supervised visits for a while and now a year clean he can see her 1 day a week alone and no more. Talk to your attorney. Good Luck.
2006-06-17 02:05:32 · answer #4 · answered by soulmate_n_nc 3 · 0⤊ 0⤋
Sounds like you got a lot of good answers on this question on the legal aspects of things. The safety of your kids is the most important thing.
You may also want to get some support from Al-Anon or a similar group to help you deal with the emotional/psychological stuff that you and your kids are going through. You can research Al-Anon on the internet to find out about meetings near you.
2006-06-17 13:14:59 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You are responsible for the over-all safety of your children....do not leave them with someone irresponsible...deny the visit and say why...bring a family member with you (or a friend) who would be willing to testify in court on your behalf....you can also call child protective services...they will show up unannounced and can be of help to you...just explain your situation....if you deny the visit and it gets nasty...call the police and they can document in a report his disposition and you can use that in court.....Good Luck and remember to as yourself..."what is in the best interest of the children"....
2006-06-17 04:35:54 · answer #6 · answered by susan c 2 · 0⤊ 0⤋
Hire a private detective. They are impartial and can give testimony as to his actions. Also document for yourself every time you notice his behavior when he has the kids. This is very powerful in court. I agree that you need a good attorney. Ask around and find one that has a reputation for dealing tough in situations like this. Good luck and God Bless you and your kids.
2006-06-17 02:06:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
My Aunt was having a similar problem with her Ex Husband....she asked the court to do both.....for the safety of her kids.....when the test came out positive...they ordered the program & twice a wk drug screenings....it was the only way to get him to clean up his act.....NOW....their Daughter is grown....he has been clean for 10 yrs. & Thanks her for saving his life....& for believing he would hurt their child....if not for that belief...who knows what would have happened.....I would talk to your Lawyer...see what they say about it...& bring it up in court...GOOD LUCK
2006-06-17 02:06:34 · answer #8 · answered by mysticfairy74 5 · 0⤊ 0⤋
Tell the court about your queries and then they will issue an order for him to undergo such test. Good luck.
2006-06-17 02:04:40 · answer #9 · answered by my 3 · 0⤊ 0⤋
my brother inlaw just died drug over dose and the worst part is the trama it caused his kids because they seen him high all the time so both are very good actions . it can be very bad for your kids to have to deal with the fact their father is a junky
2006-06-17 03:47:45 · answer #10 · answered by susan b 1 · 0⤊ 0⤋
If he is messed up DO NOT LET HIM LEAVE WTH THEM . Call the cops and tell them it is a domestic dispute (they come fast) point out his Physical/mental condition as well as the condition of the vehicle he wants to transport them in i;e; condition of vehicles tires condition of the motor if smoking lack of child restraint seats ,etc,etc
2006-06-17 02:10:32 · answer #11 · answered by Anonymous · 0⤊ 0⤋