She is living with her boyfriend and his family, she lied about this in court. They are both drug users I just have not been able to prove this in court. however I recently found out he is on probation for driving under the influence of a controlled substance. I do not feel comfortable letting my son spend the night under the same house as him.
You should file an Ex Parte with the Court to inform the Judge of your concerns. If the Order you have says that she is supposed to have the child for that one over night, try to go Ex Parte before that time. You do not want to violate the order by keeping your child against what the Order states. I would suggest consulting with a family law attorney to assist you in preparing the Ex Parte documents and representing your concerns in court.
If you've already been to court and have an order to allow mom overnight visits, the same judge is not going to allow you to deny that visit simply because you are not comfortable. How old is the child? If the child is able to call you if something is not right that might help. You can also send the police to do a safety check when the child is there.
If you are unable to prove what you are claiming, you don't want to alienate your judge by making the same claim without proof. You should consult a lawyer who is familiar with your court.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
I do not believe this would be taken as an imminent threat of harm which is required for an ex parte based on the evidence you have now. Hire counsel, obtain the requisite proof and then petition the court.
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