Question by Yvonne: how can i prove for the court that my kids father is using drugs?
my kids father has sole custody and i have visitation. i was told by a friend that he was seen in drug rehab. during my next visitation, after questioning my children, they informed me that they were staying with their aunt and they have not seen their father. i do not want to take them back to their aunt house. but my weekend is almost up, and i need some advise as to what to do. I am the non-custodial parent.
Thankyou for your answers, and to answer some of questions, the father is in rehab whether or not it was voluntary is unknown at this time, he does not stay with his sister. i dont know where he lives the last known address that the courts have is vacant.
Best answer:
Answer by SusieQ
You need to call DHR. Depending on your state, they will tell you your next steps.
What do you think? Answer below!
4 ResponsesLeave a comment ?
Petition the court for a custody review hearing stating the report from the kids about the ex’s drug abuse. Follow the clerk’s instructions.
can you afford your kids?
if yes let me know
Find out where their father is. Does he live with the aunt? Since he has custody and if he’s not available and if he doesn’t live with the aunt, then you shouldn’t have to take them to the aunt’s house, unless he has that set up with the court. But if you keep them w/o finding out all of the facts, then you will get into major problems and could lose visitation rights, unless they are supervised visits, or end up in jail for kidnapping. I would call the sheriff’s dept. if you don’t have a lawyer, and ask them who you should call or what to do. I wouldn’t just not take them back w/o some legal advice. If it’s night time and no lawyer or court is open, call the sheriff’s dept. or take them back and ask to speak with your ex. If he’s not available, and there is no legal paperwork showing that they should stay with his aunt, then tell her nicely that you will just keep the kids overnight until you hear from the ex.
Sorry, not knowing why you are the non-custodial parent leaves me with questions. Did the father commit himself to a rehab program or did he wind up there due to some other circumstances? I think you have a right to know where your children are if they are not in the custody of their father. You should probably call your atty to find out what your rights are here. If there are problems with you having custody while he is in rehab, your atty may be able to arrange for the children to be taken care of by a responsible member of the family. The fact that he is in drug rehab will probably result in a review of your custodial agreement. I hope that this all works out to the advantage of the children …. good luck to them.