My child is 11 months old, just finished court for child visitation/support order between child’s father and I. Baby goes on visitation with his dad 3x a week, 2 overnights a month. I recently found out that a family member in that household is in and out of detox for heroin and may be using heroin in the household that my son goes to for visitation. Is there anything the courts will do for this? Can I request emergency custody/supervised visitations??? I am concerned about my childs safety and being around that. (I am seeking social media opinions/thoughts while awaiting attorneys call back so please don’t be so quick to judge)
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Yesgo back to court I know someone that did drugs and there 4 yr old got a hold of meth and almost died from it
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Okay so is this person in the house when your son is there? Talk to dad about it, Express your concerns if he is a decent dad he will ensure there is no paraphernalia there and that person isn’t there when your son it. Dad shouldn’t miss out because of someone else’s actions as long as he is keeping your child safe. Xxx
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You better tell the police, cps and anyone else who’ll listen
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Worried about your child’s safety so instead of aggressively contacting the courts…for, ya know, your kids well being…you post to facebook…? Jesus christ what happened to mama’s being tigers and protecting their babies? When did facebook become the go to instead of marching to the courts for an emergency injection? A simple Google search and out the door you go. I mean for fucks sake.
Yes take it back to court
You don’t have to play nice. This is your child’s life. This needs to be investigated for your child’s safety. Nice or life ?
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Call cps.with a report
Have them immediately go look
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Sorry you have no choice but trust that dad will protect the child until something happens ! Maybe express your concerns to the father ! I’ve been married and divorced twice with kids ! You need to work with the other parent
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You can have it court ordered that the person who is doing it can not be there while your child is and if your childs dad is a good dad he will make sure that person is not there
If he’s not willing to do that then you need to involve cps and the cops and everything else
But i would try to talk to him first and go from there
Dont want to make things messy if they dont have to be
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The court cannot and will. Not do anything without proof. If you decide to go to cps, remember both households will be assessed. Good Luck.
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I feel like it was probably ok with u when y’all were together that the person was over there on heroin & now that y’all are broken up ur finding any reason to keep the child away. But, yes, u should get definite proof that the person is using heroin inside the home bring it up in court.
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Yep speak to the courts you can have added to the order that the person isnt allowed in the property during visits
Your Fighting in uphill battle, especially if dad is not the user
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Go back to court ASAP, call authorities and anyone you can get to help. As the mom, your most important job is the safety of your baby…you can’t depend on anyone else for that. If dad was truly concerned for the child’s wellbeing…NONE of that would be going on in his home!!!
You need facts to present though. Hear say won’t work. Then after you get that absolutely go back to court. Good luck.
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If I were you I’d file a emergency custody order and go back to court to express your concerns maybe there’s a alternative route he can maybe stay somewhere else with the baby when it’s his over night like with his mom or a friend so he can still see the baby and have his bonding time but if that’s going on in the house I would request a different solution supervision or stay somewhere else or dad move out to a different place or kick said family members out something but at same time still allow dad to be dad that’s important to
I. Am. A. Recovering. Addict. Your. Child. Is. In. No danger. As. Long as. Its. Not. The. Father. They. Wont. Hurt. Noone. Or. At least. I. Didnt. But. I. Do understand. Your. Concern
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Goes back to court… “Hi your honor, I got advice on Facebook as to how I should handle this matter” lol
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you absolutely can if you can prove this the courts will not let your child go into that house
This is kind of a…complicated issue with no clear cut answer.
-what is the specific living arrangements of this person AND the father of your child?
-what is the relationship of this person and the father of your child?
-is there proof? Court records? Arrest records?
You’re more than free to take this back to court but without any proof this is a case of he said she said. The father can be ordered for a drug test. The other person can’t be because they’re not part of the custody arrangement.
If it was me, i would start by talking to the dad. Get answers and try to come up with a solution between the two of you. Maybe he can go somewhere else for his visitation. Maybe you could allow him to use your home for visitation.
If the dad is unwilling to try…go back to court. Work in stipulations that will keep your son safe while still allowing his dad some visitation.
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I’m sorry you’re in that situation…All it takes is for that person to drop something on the floor or leave residue somewhere the baby could come into contact with it and then it’ll be too late. I’d do everything I could to keep him away 
When your child goes to his house you can request a welfare check by ems services.
I’m sure your x will watch his baby fine just as you would he loves his baby it do alarm dad of what you found out
You have to have proof and can’t be hear say. Talk to the dad on what you heard.
if they’re melting it to shoot it up it can cause your child to test positive and you’ll have your child taken away… if the source is reliable I would file for emergency sole custody right away and get your child and his father tested
Without proof they most likely won’t change it
CPS won’t care unless the child is getting their hands on it and it’s almost impossible to prove. Judges also don’t seem to care. In our family it was a person just released from prison for shooting at someone. The kids still have to go
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You need proof. Not just he said she said stuff.
You’ll need a lawyer and proof. Otherwise its hear say. Or contact CPS and start and investigation but all of it will take time. You could file a grievance and withhold the child. Good luck.
If you know something is going on in that house and you willingly let your child go there unsupervised you are then liable and seen as unfit in the eyes of the court.
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Get a lawyer should have had no one get proof
I would talk to my child’s father first and for the safety I’d wouldn’t allow vist at his place ;? Until the issue is resolved;
Recently found out? Is there proof or is this hearsay? Is this an attempt to alienate the child from their father using any excuse possible?
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I had my order state no drug use around baby and no one who is around baby is allowed to be under the influence of any drug, also father isnt allowed to use any drugs 12 hours prior to visitation, also he isnt allowed him overnight, and can see him for a min of two hours, once a week, so I guess I’m lucky because my babies father didnt disagree to the terms, as he had never looked after our boy ever by himself for more then an hour, like three times his whole life, doesnt know his routine or what/how much he eats, where I’m guessing your babies father was an actual involved father? Maybe ask for something like that, I was advised by my lawyer, that the court needs substantial evidence that the child is in danger or he is not protecting them for orders to be put in place. Hope your lawyer gets back to you and fights your case, as for the ones saying letting them go there means you are an unfit parent, clearly dont understand it is an arrestable offence to break a court order, which will only hurt your chances even more, such a hard and frustrating process, and if all else fails, go to child services and report the house not being safe for a child, they take that very seriously, and will go visit and take action if needed. But that would be last resort if the lawyer wont help and the child is in immediate danger.
You can’t go by what ya herd any judge will toss that out . You have to have evidence unfortunately. I understand where your coming from my ex used drugs with the kids in the house kids said he did and they still allowed visitation. It’s not right and you have every reason to be concerned. Talk with your lawyer your or your local children’s aid / child protective services office . Hard for a child at 11 months to speak up I hope you get to the bottom of the situation
You can request a welfare check. That way if they see any cause for concern you have proof. You can potentially get a welfare check during every visit.
First off, who did you hear that a family member was doing detox? 2nd, I would call CPS and let them know what’s going on, BEFORE your baby goes over to that house.
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I would ask the dad and inform him you have to report what you have heard because by law you are obligated to protect your child. If something happens and they find out you knew about the drugs then you will also be charged with neglect or endangerment. It’s your lawful duty as a citizen even if it’s not your child.
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Appendix A specifies no drug use or excessive alcohol use and that is attached to every custody schedule to my knowledge
U can request a drug test
You should be able to put in custody agreement that there is to be no overnight guests while child is there
Its a no win situation. This is life as we know it.
Talk to the father first and find out what his plans are and if it’s actually the case. If it is and he’s not taking action to not be in contact with that person then talk to your attorney.
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As long as you have actual proof not just you saying your heard or someone told you this was happening courts will definitely do something about it.
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How the hell did over nights come in with an 11 month old, thats crazy, no way i would have walked away with anything but supervised visits once a fortnight
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Why ask for supervised visits? Why not ask the family member be removed from the home? If u call cps they will do a home visit and tell him 2 make him leave or he cant see his son.
You need proof call CPS explain your concerns…if that is going on they will handle it
Get in touch with the court and tell them
Write a letter of petition to the judge requesting those things. A welfare check would be good too.
I don’t know the laws in your area. Where I live and in my experience you have to have physical proof or they will rule it as hearsay and throw it out. My ex was high as a kite in court. Visibly tweaking and they still made me send my son to his home. His roommate was busted for meth sales they raided their apt. My ex was not there at the time. I went back to court and they still made me send my son there even though they knew there had been meth in the home. I’m not saying there’s nothing you can do. But I will say that it’s hard to get enough proof to actually get anywhere. At least it is where I live.
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Talk to dad person can be there when child isn’t.
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Question the Dad #1. Where did the source of info come from? If in detox do they take something to assist? Don’t know much about it except it is horrid for surroundings if it is melted. Also hard to withdraw from. So talk to Dad to find out what is going on there and if it is true what you heard. Let him know after you have talked to him that you will have to report if you find out a person on heroin is living there too.
Judges hear a lot of he said she said… You have to provide proof not just hearsay.
Ask the father if that’s the truth. If so, let him know that you’re not bringing the child there and if he has a problem with it, that he can take it up with the courts. Make sure to get all that via text so you have proof.
You would need proof to change anything
Yes you can step in and tell him he can only see the baby supervised. And definitely go back to court
U need to have proof…signed statements…not just hearsay…
Been down this road…the justice system isn’t fair…
Wow. I hope you can find a better way for your kiddo to see sad. Good luck
He owns half your child, he might even let that family member babysit. Make the best of the time you have with your baby
Yes you can ask for background checks on all parties who live in the home
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U need to discuss it with your lawyer find out your options
You can request the right of first refusal so that if your ex has other plans he’s not able to leave the child with just anyone and has to first let you know so that you can either take the child or refuse… but unless you have solid proof it’s just hear say… right of first refusal should be your best bet
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Document everything and get witnessness. The dad can lose custody.
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Yes call r go to the courthouse
Every state is different. I report somewht the same prob with my kids. . I was told til I have proof the FATHER is doing it they will not take custody away from him. . . if child is “safe” it does not deem him being in same house. . . as I said states are different and this has been few yrs ago.
Check the laws in your state. Keep a journal of conversations and things happening. You will have to have proof that your child is endangered. Have anonymous welfare checks done while your child is in his care. Better yet, consult an attorney about your rigjts.
I would discuss it with the ex first. Let him be the one to do the right thing. If he make excuses then you have to say something. You have a duty to your child anything could happen. I hope your ex will see your side cause it’s so important for dad to be in the child’s life.
Just have them do a well check when the baby is with his father
I would contact your attorney and DSS immediately!
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No you cant. You cant request emergency custody on a " I THINK someone in the household is doing heroin." Thats nuts. Maybe, just maybe, if the person has a criminal background you MIGHT be able to request that he not have the child around that person, but if a person could say who the other parent hung out with on their personal time with their children, no divorced parent would EVER be able to get a new partner. You also are not able to request that another person get a drug test, only the other parent of the child, not anyone they hang out with as that is against their rights.
First contact a lawyer of your choice and ask them rather then your family or friends,
If they are attorneys ok if not take it to to a person with a law degree