Need advice or support

[ohu812]

I have custody of my 7yo daughter after a long three year battle. I have had custody for almost two years now. The BM has had 3 more positive drug tests and several safety plans with CPS. I finally filed a motion to modify seeking supervised visits because of the things that have gone on during visits. The BM immediately moved in with her dad and finally passed a clean drug screen after being served. She was served in April and I am still waiting to go to court (due to Texas law on waiting and transferring the case to the county I reside in). This is the second time I have had to take her to court in this two years. CPS never does anything but put her on a sefety plan they cant enforce (and refuse to tell me what the plan is) and then close the case when she comes back clean. What are my chances of getting supervised visits? Does one negative drug test hurt me (for sup. visits)?

[Kent]

One clean drug test will not help her.

What is going on during her parenting time that you want it to be supervised? Keep in mind that supervised parenting time is a very derogatory way to spend time with your child.
You will likely stand a better chance to ask for supervised visitation with monthly or quarterly drug screenings. Insist on a hair test, not a p. test. Hair tests show drug use for up to 3 months. If  she has a negative hair test, then she could have unsupervised visitation.

On the other hand, as long as she isn't doing druge or is high whilk your daughter is with her, a judge may not see this as sufficient to order supervised.

Please provide some more detailed information.

Thank you.

Kent!

[ohu812]

During her visits since the last modification in Nov. 06 the BM boyfriend beat my daughter with a belt and left bruises (CPS was called in and the BM refused drug testing), the boyfriend had his chidren removed prior to that for neglect/abuse and was positive for meth, they were leaving the children home alone,locking the children out for hours, no food in home, CPS agrred the house was filthy, putting 9 people in a car that accomodates 4, no utilities on (again),the list goes on. Keep in mind this is not the first episode. The last boyfriend has been ordered no contact with child due to abuse/neglect. The BM was on supervised visits and they had been lifted for one month when she refused drug testing for CPS. There have been 10safety plans that I know of since 2003 and CPS has removed the BM children three times. I am sick of drug testing her if all she has to do is stay clean long enough for a few clean tests. I know her tricks with the urine and CPS only does hair b/c of her past. Honestly I am tired of wasting my money on her drug problem and my daughter is sick of the abuse (mental and physical). When does it end?

[Kent]

From your story I believe that supervised visitation is justified.

Did you file for a protective or restraining order on the boyfriend?
And you can do the same for the mother. If she is a threat, then a protective order is the least expensive solution to keep her away from the child.

If the courts do not support you in supervised visitation, you can consider to move away with the child, or to offer the BM money in exchange for her visitation.
If $ 25 or $50 every other weekend can buy you peace of mind and keep your daughter safe, it's money well spent.
Druggies will do anything for "free" money.

Kent!

[ohu812]

I did take my daughter to the police when she came home with bruises and said BM boyfriend did it. I filed a report but they have done nothing because the BM has a child that lives in the home and she denied anything happened so they took her word. (this child has lived this her whole life and wouldnt you lie if you had to go back and live with the abuser). The boyfriend of course hit the road when I served BM but he did beat the BM before he left and she filed a police report (This has gone on several times witth her when they beat her kids its ok but when they turn it on her she calls the police) since he left CPS feels the children arent in danger anymore. I know the minute court is over she will be back with a new boyfriend and this will start over. I am to the point of moving if the courts dont help me but she has already threatened to file for geographical restrictions (her dad got her a lawyer so she has a little more wisdom than in the past). I have told my lawyer I will agree to give up support in exchange for sup. visits. This has been strange to me (my daughter is with her BM now for 30 days) because we went to court less than a year ago a request had to be made to have a hearing then request to move the case now there is a 45 day wait in texas so I am waiting that out and then we get a court date. Hope my daughter is alive by then. I would gladly pay her to leave but her daddy is supporting her now so she doesnt care about the money (she will when this is done and she gets back on the dope).

[wendl]

I think supervised visitation is justified.

My ex is ordered supervised visitation, however, I trust his sister and mother completely and he was living with them so they did the supervision, less stress on my child 1) so dad and him could interact w/o a stranger watching over them 2) he knew he was safe with his aunt and grandmother or papa their.


**These are my opinions, they are not legal advice**

[ohu812]

I did allow the father of BM to supervise in the past (this is not the first time for her) but he got tired of it and eventually began letting the BM take my daughter. He also allowed the abusive boyfriend contact (violating the order). He is in complete denial so he cant be trusted. I got a letter today from CPS stating they cant substantiate abuse/neglect and closed the investigation. It took them 4 months, a safety plan, and a positive drug screen but they cant substantiate anything (I hate dealing with them). I wonder if this will hurt my case?