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Do I have to send my children for visitation if new home environment is unsafe?

Knoxville, TN |

My ex is getting remarried and they are moving into a 2BR mobile home with her 2 adult sons. When he started dating the new wife he had his work schedule changed to spend more time with her meaning that he works on the days of his visitation(every Sunday until Monday evening) . I have letting him get the kids every other Sat. and keep them all night but now the new step sons have history of drug use/abuse and I am uncomfortable with the girls staying over and never knowing if they are safe. Don't they have to have their own room when he has them can I request that the step sons be drug screened since one of them has been arrested for possession and domestic violence. The girls are uncomfortable with these men but are willing to see their father just not overnight.

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Attorney answers 2


Until you file a petition for modification, you are obligated to comply with the order. While that petition is pending, you also need to file for a temporary order.


Ms. Patel's answer is correct. And, I would it immediately seek a modification of the visitation order and immediately seek a temporary order changing the visitation until such time as it is proven that your ex's home is safe for your children.

By the way, until your ex is actually married, many judges would take a very dim view of your children spending the night in his home where he is sleeping with someone he is not (yet) married to.

You certainly have cause to be concerned and, if the facts are as you believe them to be, the Court will most likely share your concern.

You just need to move quickly.

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