Can I keep my child from visiting their non-custodial parent? 20 Answers as of May 06, 2011

Can I keep my daughter from seeing her mother and/or press charges if she buys our daughter drugs? This is not the first offense for the mother. The Past incident involved alcohol at age 12.

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
You may be able to seek an emergency or temporary order discontinuing visitation with mother. You will likely have to file a motion with the court. The courts generally do not like discontinuing visits, however; if the non-custodial parent is presenting a danger to the child, the court will consider that. As far as pressing charges on the mother, if you believe she has committed a crime, you can always contact law enforcement.
Answer Applies to: Oregon
Replied: 5/6/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I would think yes, but you would need to eventually deal with it in court. Either she would file alleging you were in contempt of the visitation order, or you need to file to modify the visitation to supervised or none at all, depending on the facts. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, if you get a court order. You cannot deny visitation as such - that is contempt and a violation of the Custody Orders.

That said, you have to protect your daughter. Do you have evidence? If so, get it to a lawyer now and file a motion to modify the custody orders to restrict mom's visitation, ask for supervised visitation, drug testing, etc.

This is not a case where self-help is the way to go. You may try self-help, simply denying visitation for a week or two, but that is not a good move unless you are acting under the guise of protecting your daughter first and working with a lawyer to get the protection in place permanently at the same time.
Answer Applies to: Texas
Replied: 5/5/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Yes, you should call department of protective services and/or the police if the mother is buying your child drugs. You should also seek sole legal and physical custody of your child.
Answer Applies to: California
Replied: 5/5/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The answer depends on what the court-ordered parenting plan says about responsibilities and decision-making, including what it says as to parenting time. If the parenting plan approved by the court allows mother parenting time, you risk being in contempt of court if you deny her access. If you have legitimate grounds to restrict mother's access, you should seek a modification of the parenting plan from the court.
Answer Applies to: Colorado
Replied: 5/4/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    Report any violation to CPS, then file motion for supervised visitation.
    Answer Applies to: California
    Replied: 5/4/2011
    Keri Burnstein, P.C.
    Keri Burnstein, P.C. | Keri Burnstein
    I would contact child protective services and file a motion with the court. Contact a family law attorney to discuss in greater detail. It is your responsibility to make sure your daughter is safe. Good luck!
    Answer Applies to: Michigan
    Replied: 5/4/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Yes. If there is a visitation schedule in place, you simple need to petition the court for a modification of the visitation schedule to either limit the number of visits, the places in which the mother can visit, or request supervised visits only.
    Answer Applies to: Illinois
    Replied: 5/4/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    First, you need to look and see if there is a court order in place that demands that she has visitation. We can help you with your divorce needs. We offer free consultations. Give us a call today.
    Answer Applies to: Utah
    Replied: 5/4/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    OK, you need to go to Court with clear proof of this, and the Judge will take action to protect the child. That may include cutting off visits with her drug abusing mother. You are a lot more likely to succeed with the help of an experienced attorney. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/4/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    If there is already a custody and/or visitation order from the court that allows her to have visitation then you need to go to court and ask that it be changed.
    Answer Applies to: Michigan
    Replied: 5/4/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You should contact DCF or the police or bring an action for supervised/no visitation.
    Answer Applies to: Connecticut
    Replied: 5/3/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes. If one parent is acting in a way that is severely detrimental to a child (such as giving that child drugs and/or alcohol), then you can file a custody modification motion requesting sole legal/physical custody, with only supervised visitation for the other parent while that parent gets appropriate therapy/treatment. You can also call the police so they can report such incident of child endangerment to the local county DA.
    Answer Applies to: California
    Replied: 5/3/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can't just violate existing custody or visitation orders which provide for visitation and/or custodial rights of the mother. You choices are to file an OSC to modify child custody and/or visitation (perhaps with an Ex Parte Application requesting that the Court suspend mother's custody or visitation pending hearing), to report the crime to the police, and/or to report the matter to Child Protective Services - with the real possibility that the Social Worker may institute Dependency Court proceedings.
    Answer Applies to: California
    Replied: 5/3/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    If you suspect the noncustodial parent is buying drugs for your child, you have 2 options: contact Dcfs for an investigation where that can suspend visitation or file a complaint for modification to eliminate visitation based on the information you possess. You could also apply for a restraining order on behalf of your child. If you stop visitation and there is a court order for visitation, you could be in contempt of that order f you do not address it first through court.
    Answer Applies to: Massachusetts
    Replied: 5/3/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You not only have the right, but the *obligation* to protect your daughter from such delinquent behavior. However, you will need hard evidence of the mother's behavior if she takes you to court on a complaint for contempt. And most judges will not allow the child to testify on your behalf. Documented evidence of the prior offense(s) and witness statements about recent behavior would be best. In any event, you should first speak to a family law attorney about all of the details on the situation before making any drastic decisions.
    Answer Applies to: Massachusetts
    Replied: 5/3/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If there is a Court order granting parenting time, your remedy is to file a Motion to modify that parenting time order.
    Answer Applies to: Minnesota
    Replied: 5/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, if you can prove that she is buying drugs for a minor, especially your daughter, then the court will probably limit her time with your daughter to supervised visits only. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/3/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If it is an emergency seek an ex parte order and file a petition to modify your existing parenting plan if there is one and if not file to establish one. You'll need to present your evidence. Good luck.
    Answer Applies to: Washington
    Replied: 5/3/2011
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