should we allow visitation?

[tulip]

On April 5, in court, dh was awarded temp cust w/bm having visitation e/o weekend and tue eves. Both of them were ordered to go take a drug test, and do random tests until back in court on May 12.

Last week, bm found out she failed her first test. She told dh she is giving him custody, and openly told dh and the kids that she is a drug addict and has been for years.

Friday, she refused to sign agreement drafted by dh's atty, because she wants joint legal custody. Now she is expecting him to stick to the temp order with her visitation, but is not going to take any more drug tests, or do the cd eval she was ordered to, because she already admitted she has a problem. Dh really doesn't want her taking the kids overnight, because she has made it very clear, she is doing anything to change her life or stop using drugs.

[kiddosmom]

Might want to ask your lawyer to have an 'exparte' hearing and ask for supervised visits for mother.

[Peanutsdad]

LOL,, you mean to tell me  that the court order had the restriction in place to TAKE the drug tests,, but no mechanism in place should a parent FAIL the damn thing????


Sigh,, ok,, in that case,, kiddosmom is right,, request an exparte hearing on the drug issue.

In the meantime, yes I WOULD deny visitation. You MIGHT face a contempt,, but I doubt it.

[tulip]

But the next hearing is not for 3 1/2 weeks. Bm has two scheduled w/e between now and then.

Atty said he is going to send her a letter. If she will promise him IN WRITING that she will not use drugs, or have the boyfriend around (I don't know if I mentioned, her bf was ordered to have no contact w/kids) dh will have to let them go. If she fails to do this, he could deny access "for the protection of the children" but he feels it would be risky. I am going to ask him to include in the letter that she should be continuing to do her random drug tests, too. She said she isn't going to do that anymore.

[Peanutsdad]

Ok, so there is a court injunction in place that shes not to do drugs,, which shes ignoring,, and a court injunction in place that her bf is not to be in contact,, which shes ignoring,, and your attrny is afraid to enforce??