In DRUG REHABILITATION / Tags: agains, cocaine., file, kids, order, restraining, using /
Question by Nicole: Can i file a restraining order agains my kids dad if he is using cocaine?
I just recently had a few people approach me and advise me that my kids father (we have 2 kids together) has a cocaine addiction. He doesnt work, doesnt pay child support and has court ordered visitation every other saturday for 8 hours. This coming saturday is his saturday and after hearing this from a few people that have bbeen around him, i do not want my kids anywhere near him. If it werent for the court ordered visits, i wouldnt let them go with him, period. He is a heavy drinking and is just a complete dead beat. Can i file a restraining order based on the suspicion of drug use? What are the requirements you need to file a restraining order when there are kids involved?
The visitations are already supervised by his parents at his house. He had previous drug charges on his record, AND about 6 months ago he was arrested on the street after running from the cops DRUNK on bare feet with my 5 year old daughter riding piggy back on his back. his mother was called to come pick MY 5 YEAR OLD DAUGHTER up from the inside of the cop care where she sat, watching her “father” get arrested. He has went to court for so many major issues and been in and our of jail about 10 times in the past year and a half.
Best answer:
Answer by Christopher R
why would you have kids with a dude like that ?
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in a short answer no..you have to prove that you and children have been threatened with violence for a restraining order..what you can do is go back to custody court and ask his visitation be supervised because of this rumor..where a judge may order him to have mandatory drug testing before each visit..all in all maybe should really sit and talk with him to discuss these allegations of drug use..you and him may not get along..but you all should be cordial enough to deal with each other for the sake of the children..
You can file for the RO, but without any evidence it won’t be granted.
The courts won’t grant an RO without it. They will instead enforce the previous visitation order.
Suspicion, especially when it involves two former lovers, doesn’t rise to the level needed to deny him access to his kids. If it did, every single vindictive parent could use it against the other parent.
No you cannot file a restraining order for that. What you can do is go to family court and request a change of the visitation to supervised and that they order drug testing if you have any evidence other than hear say.