His father is a drug user living on someone's couch he wants him overnight and I'm not comfortable letting him stay there with the fact his dad could get a call to go do something drug related and leave him with someone to watch him or bring him with him or bring back the drugs to where he's staying and do them at the place he's staying while my child is around.
This is a frequently asked question. One has to balance the responsibility as a parent of protecting their child from harm against what the court orders are as to custody and placement. If you don't allow visitation, you run the risk they serve you with a contempt motion for interfering with their visitation schedule. On the other hand, if you have objective evidence that your child is endangered with being with the father, you have an obligation to protect your child from potential harm. You should consider filing a motion with the court to request that the current visitation schedule be modified to allow for restricted and/or supervised visitation, if you believe your child is endangered.
If your child is placed in an unsafe situation such as this with no stable place for overnights, no court is going to find you in contempt if you deny overnight placement. However, you should file a motion to modify a current Order for overnight placement right away to cover yourself. If there is no Order, you are okay denying overnight placement.
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