Child is 7 . Custodial parent agreed to every other weekend for non custodial parent whom has not seen child in almost eleven months . Have a note from the school counselor as to concerns of the child about drug use not being properly fed and yelling , slamming things ( when with non custodial parent ) . Also , a police report where a sheriff talked to child and child described how to make amphetamines and that child saw non custodial parent smoking marijuana and amphetamines out of a pipe . Contacted CPS and were told they are a reactive agency not a proactive agency so no help there . Child sees a private counselor and a letter can be obtained from there as well . Is this enough to ask that parenting time be suspended , drug testing , anger management classes and supervised visits ?
Divorce / Separation Lawyer
If the school counselor or teacher believed that these types of activities were taking place in a parent's home, reporting to CPS would be mandated. The same would be true for the sheriff's department. It seems to me that there is a real disconnect between what you believe the child is telling these professionals and what may actually be said. Accordingly, unless you have some kind of real evidence, all you can do is make allegations which may be unfounded.
How to present your concerns to the court is a somewhat different issue. Developing and presenting competent evidence to the court concerning what is in the child's best interests as it relates to parenting time is complex and should be done with the guidance of an experienced family law attorney. It would not be possible to tell you whether you have a winning case simply by reading a summary of your concerns in this forum.
This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Criminal Defense Attorney
The custodial parent needs to document as much of the father's (mis)behavior as possible and consult with a lawyer about her options. The court can change the parenting time order with sufficient evidence.
Is it enough to get parenting time suspended, drug testing ordered, etc.? That is within the discretion of the judge. Based on what you have stated, it would appear that there is certainly a basis for you to request this type of relief but, again, it is up to the court to ultimately decide what limitations, if any, are to be imposed. I would retain the services of an experienced family law attorney to assist you in this matter. An attorney can present your position in a light most favorable to you and the protection of your child.
Neil M. Colman
Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.