You don't say what the custody order is. Do you have joint custody, with physical custody to you and visitation to the father? You can seek to modify custody, as my colleague has suggested, but really, from your question, you are looking to modify visitation, not custody. If, however, there is joint custody, you will want to modify that to sole custody. From your limited facts here, there is enough that CPS should be acting -- not sure why they're not but once a case is started, perhaps a court will order an investigation. In the meantime, you need to consult with a good family attorney so that you can make sure you get the proper representation to protect you and your children. Discuss the facts with the attorney. He or she will know if you need to modify custody or visitation or both. You may have to limit the father to supervised visitation and in rare cases, there can be no visitation. Your attorney will know what to file for you. Best of luck!
If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly. The answers provided here do not, under any circumstances, create a lawyer-client relationship and are provided to supply a general answer based on the facts as given by the author. The above attorney is not giving advice but is answering the question in general terms. At all times, the above attorney will advise the author of the question to seek independent legal counsel. The above answers should not be relied upon by the author or by anyone else for the authoritative answer to the question; consult with your own lawyer for your legal questions.
You can file to modify custody. You should probably ask that a custody evaluation be done by a psychologist and the report submitted to the court.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.