She smokes and drinks and I don't trust her, does she have the right?
Divorce / Separation Lawyer
I am sorry that she is putting you through this. Your divorce agreement may speak to this, if it does not and you have any proof that she is drinking while watching your kids, collect that proof along with the cigarette issue and file a complaint for modifciation, asking that she not be the babysitter, or if there is something in your divorce agreement that speaks to this, it may be a contempt. Take care.
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Family Law Attorney
Your divorce agreement will probably dictate the resolution to this issue. If your ex has limited parenting time (formerly known as visitation) and not shared parenting then he should not be leaving your child with anyone without your knowledge and consent. Have an experienced attorney review your agreement/Judgment to determine whether a contempt or modification may be appropriate.
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Family Law Attorney
If you feel that their health, safety and well-being are being placed at risk as a result of the girlfriend watching the children, then you have the right to inquire further, and, possibly, involve the Court if you and your Ex cannot agree otherwise. He is entitled to seek child care he deems appropriate during his parenting time, but cannot place the children at risk. If this woman is smoking and drinking while watching them, then I suggest you speak with your Ex first, express your concerns; if he is not receptive, you can seek the Court's intervention in this regard by filing a Complaint for Modification.
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