I have full physical and joint legal custody. She is appointed 48hrs visitation per month. She refuses to give me her address if she even has 1 and calls/txts from several #s. When trying to contact her, her latest "ex" informed me of her meth use which I'm well aware of as well as other info re:the welfare of my kids while with her. What should I do, refuse visitations, call police, file ex-parte or all of the above?
It depends on what you are trying to accomplish. If you already have full physical, are you trying to prevent any visitation at all? Or are you trying to gain full legal? I would encourage you to speak with an attorney regarding this case. Even if you don't fully retain an attorney, an attorney can help you with a part of your case once you know your goals.
I concur with my colleague. You should find an experienced family law attorney in your area to assist you in this matter. Good luck.
It is difficult to answer your question without knowing more about the background of your case (e.g., whether the current custody/visitation order was a result of an agreement or trial). Anyway, the fact that you have sole physical custody and you stated that you were aware of her drug use, tells me that this is not a new situation. If she is using during the visitation, then this is a safety issue and should be addressed by the court immediately. Yes, I would go in ex parte and let the court decide what to do. Refusing visitation is risky as it puts you at risk of being in contempt. The police won't interfere unless they find her under the influence. Police involvement could also escalate the situation, especially if your child should be present when the police arrives. The police could only arrest her if they find her in possession or endangering the child and then return the child to you or place her with CPS (that's not what you want), but they could not suspend the court order giving her visitation. The way I see it, the only question is whether you give the mother notice of the ex parte or whether notice would frustrate the purpose of the orders that you are seeking. If you can afford it, I would recommend you let an experienced family law attorney handle this. Good luck.
This is a public forum and communications are neither private, confidential or protected by the attorney-client privilege. My answers to your questions posted in this forum do not make me your attorney or create an attorney-client relationship. The response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. There is no law without facts.
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