Child Witnessing Drug Use, Manufacturing Drugs

[BDIL]

I am the father of a 8 year daughter who I have am the custodial parent.  She spends weekends with her mother and during her visits she is witnessing drug use and manufacturing of crack cocaine.  She told me a story about how they mix-up powdery stuff on a spoon and then they pour some out of the spoon and then let it dry on the counter and it creates a yellow ball.  When it is dry they smash it up and put it in a tube and then they go in the attic, lock the door and smoke it.  She said she has seen this a few times.  My daughter was born with cocaine in her system when she was born and now she is witnessing it 8 years later.

I already have a hearing scheduled for physical child abuse which was investigated but there were no arrests or physical marks so DCFS did not intervene. 

What should I do?  I think manufacturing drugs in front of a child technically child abuse according to statuates.

What do I do, Call the police and have them interview her?  Call the scholl and talk to a social worker? 

Thnaks in advance and please help.   

[ocean]

Did this happen recently on a visit?
Is child in counseling?

If it happened last weekend, may try to call the local police number and tell them what child said and see what your options are and go to family court and request supervised visits due to the allegations. Ask that both parents be tested for drugs.

If this happened a few weeks/while ago, not sure, Maybe interview a few child counselors. Have child go to chose counselor to deal with family issues. This way there will be a an outside person to make the CPS call if needed.

If child told teacher/school staff they would be forced to call CPS.

Could just put in added paperwork to next hearing - modification of visitation "father requests visits be suspended until both parents are drug tested". Then see what local police say, may be able to have report made.

Did you ever have a law guardian assigned to case in past? May try to call them and see what they recommend.

[BDIL]

We had our hearing for my motion for Change of Custody and visitation.  My daughters mother also made a motion for Change of custody and visitation the same day she was served with my motion.  The Judge read my extensive affidavit and supporting police reports and documentation and made comments that I have very credible reasons for the change of custody.  He then read the BM's motion and said he felt they were all lies.  No testimony was given on either part because BM never showed up for court! 

The BM actually called the court room that morning and said she could not make it to court because of car problems.  They said she could make a phone appearance.  They told her they would call her between 10-11.  The attempted to call her and the the phone rang numerous times and they had to leave a voicemail.  The judge said he would wait 15 minutes for a call back otherwise he will make his judgement.  There was no call back by the BM so he awarded me sole legal custody and reserved all visitation by the mother until further court order.

As I was driving home I started receiving harrassing voicemails and texts from her saying that she didn't have phone service and this is not over yet.  So she file for a De Novo hearing.  The De Novo hearing was granted and is scheduled for next month.  Kindof wierd how she could call the court before the hearing and call and text me right after but didn't have a phone signal.

Will the new judge actually hear the case De Novo when she did not make an appearance the previous court date?  I am very confused about what the DeNovo hearing actually is.  Since I was never served her motion will they hear that motion or will it only be my motion and supporting evidence.  I think a De Novo hearing is a new hearing/trial as i the previous one never took place.  Anyone experienced with De Novo hearings?  What can I expect?

[ocean]

We had similar situation a few months back. My ex did not show, judge ruled and then my ex called judge a few hours after and he got it back on the calendar as a "redo" hearing. Basically the judge told me that she already made her ruling but he had to have his chance in court, she would give him that opportunity but in the end kept it all the same as the first ruling. My case, it was same judge.

Will you be able to have custody this month while you are waiting? Save all texts, and if it a lot, go to police for a harassment charge on her, ask for a restraining order so she can not contact you until court. Keep all texts, and do not respond, ignore, especially if you have child now.

[BDIL]

Thanks OCEAN!  After looking at the circuit court rules it clearly states that a person present at a hearing can request a De Novo hearing.  However finding that are entered by default are not eligible for De Novo.  So she was not present and a judgement was made be default so De Novo should not be allowed.  It also suggests that a hearing had to take place in which it didn't.  Unless you call a default judgement a hearing.

I assume if she notifies me about the De Novo hearing I will make an appearance just in case.  It just sucks having to take off work ad travel an hour and half to hopefully have the D Novo denied.

The next question I have is that she originally filed a motion for change of custody and placement along with child support that was suppose to be heard at the same time of my motion.  However she never served me with the motion.  After the judge granted me sole custody based on the default she immediately refiled her motion which on the calendar for Dec.  in front of the same court commissioner who thought motion was all lies.  She may have added or changed it.  I am not so worried about this since it will not have merit the CC should see right through it.

My question is, does the two year "acclimation" period apply to this new judgement of sole custody?  Meaning, does she have to prove physical or psychological harm if she wants to change the court order within two years from this judgement?

Thanks in advance!

[BDIL]

The judge granted a motion to vacate and implemented the previous court order which reinstates he visitation on good faith that she could not make the previous court hearing.  I told the judge my concerns about drug use and he ordered fingernail drug tests for the both us within one week.  I went to take my test within 48 hours and did not have enough nail to submit to the test.  So I went back in 21 days and sumbitted the test and of course it came back negative.  We had a follow up mediation status hearing, where I asked the Judge for both parties to provide the drug test results.  Of course she did not take the test because of financial reasons ($100) and that she is a nail biter, however she had an appointment scheduled for 7 weeks after it was ordered by the Judge.  The Judge told her to stop biting her nails and take the test and a GAL was appointed. 
She should have received her test results by now if she took the test when she had it scheduled, albeit 7 weeks late.  The testing place would only disclose the results to the GAL which is understandable. 
How can I motion to receive the results prior to the next hearing.  Can I send a motion to her attorney, GAL, and judge requesting the results?

[MixedBag]

yikes!  I have no clue about how to ask for that.

[MomonamissionNY]

If this happened a few weeks/while ago, not sure, Maybe interview a few child counselors. Have child go to chose counselor to deal with family issues. This way there will be a an outside person to make the CPS call if needed.

If child told teacher/school staff they would be forced to call CPS.

I totally thought this was true too but sadly when my D10 was crying in school to her teacher that her babysitter was abusive and called her a bitch and her dad did nothing about it, the teachers did nothing about it and they didn't call cps like they are mandated to either