The father of my (at the time) 2 year old, failed 10 court-ordered drug tests in 6 months (all were 'diluted') and then disappeared for 10 months while my fiance and I raised my son. All of the sudden he's Houdini and reappeared (only after getting notice in another state for a trial-readiness hearing). He owes $14,000 in back support and I have declarations from his old girlfriends and roommates that he is a neglectful and emotionally abusive parent. The judge ordered an evaluation (including a fingernail scraping drug test) and he failed to show up or reschedule it. He travels 2 hours to pick up our son on Sat. mornings and 2 hours to drop him off Sun. morning every other week. A child psychologist evaluated my son and 'officially' says his dad is detrimental to his emotional health.
The court will proceeds without the evaluation, assuming the worst.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
You should be able to change the temporary parenting plan to restrict or suspend the visitations, and the same for the final parenting plan too. Keep a good record (like a diary) of what goes on currently, and also the basic facts of the history of the bio dad's visits (and non-visits). The judge at trial will want to hear it all. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on trial, child custody and parenting plans for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”
This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes