This is certainly a tough situation, however, getting evicted, in and of itself, is not enough to withhold visitation from him. It doesn't automatically mean that the child will not be safe with him during that time, however, depending on what he is planning to do regarding his living situation could certainly be of concern to you and the child's best interests. Have you tried to talk to him about the situation and tell him your concerns? Ask him to give up his 2 over-nights until he is settled in a suitable living arrangement? The other issues are certainly cause for your concern, and when you add these issues in, I can see your problem, however, in order to get a change on an ex parte basis, you have to show immediate or irreparable harm to the child. That is a tough hurdle to get over given these facts, specifically when you don't know what is going to end up happening regarding his living arrangements until after he is out. He may pay the rent within the 3 days and not have to move! I think you should talk to an attorney and discuss these issue more in detail, but definitely with an attorney!
This response does NOT create an attorney-client relationship. This response is for educational purposes only. This response is not intended to be legal advice to the reader.
Divorce Divorce court Child custody Ex parte custody hearing Custody hearings Family court and child custody cases Visitation schedule in child custody Divorce and family Visitation rights in child custody agreements Mother's rights in child custody Lawsuits and disputes Family law Court basics
Sign up to receive a 5-part series of useful information and advice about child custody law.