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How do I prevent a meth addict from being around my child
Hi. A question that I will try to make quick - my ex husband's ex girlfriend is moving to my state (she has been in jail for 6 months for meth use/failing drug tests while on probation and is looking to have her probation transfered). Her son is with my ex husband who took custody of his son. Our child lives with me, but he takes our child every weekend so I can work. He is supposed to have our child one week on and one week off since we have joint custody but he has not met this agreement for a year now. My questions is: how can I prevent, which I accept I probably cannot, this woman having her probation trasnfered? Can I speak to her probation officer? Could I ask for a modification of custody agreement (since it isn't being met anyway) and have it written in that this woman does not come within a certain distance of my child. I understand for a TPO she needs to actually do harm to the child, so this is not a route I can take. This woman and my ex husband have had an affair on and off throughout my marriage (she was also married at the time). For that reason and the reason she has struggled with a meth addiction for years (claims to be clean in jail now) I do not want her in the same house as my child. Anything at all I can do about this, bar moving out of state myself?
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Can I speak to her probation officer?
[/QUOTE]Could I ask for a modification of custody agreement (since it isn't being met anyway) and have it written in that this woman does not come within a certain distance of my child.[QUOTE] Probably yes but I am not sure about it. |
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No, there is not way to stop her moving, your fear of her has no legal ground.
You would have to prove to family court that this women has done something around your son and is a danger to him. You can ask for a change is custody agreement, which they may or may not give. But at this point, you can not prove to the court she is NOW using any drugs and prove she is anything but a ex offender on probation. I doubt the court will order your ex to keep child away. T |
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