SHOULD MOM ON HEROIN SEE HER CHILD?

Flint Divorce Lawyer Terry Bankert was asked the following question through AVVO.

“Can my ex get me in trouble for not sending my son to his supervised visits.

My ex mother in-law has not obeyed the rules for the visits. She currently is not allowing my ex to go to her house due to various thefts and drama. During the past six months she has been to rehab, had documented heroin and other drug use, she has an ongoing protective services case, and she only has come to see him about half the time. Recently she hasn’t came to see him at all in the last few weeks. I was told that her caseworker is helping her file a complaint and that they are going to provide her with a lawyer. “

First I will restate it to clearly identify the actors for this answer and state several assumptions.

“Can my ex get me in trouble for not sending my son to his supervised visits.
My ex mother in-law has not obeyed the rules for the visits of my son with my sons mother.

ASSUMPTION Because there is an ongoing protective services case and she has a case worker it is assumed that there is an active CPS case with a placement with the father and mothers parenting time is supervised at the maternal grandmothers home.

She, my ex- mother in law, currently is not allowing my ex wife to go to her , the ex-mother in law, house due to various thefts and drama.

During the past six months she, the ex wife, has been to rehab, had documented heroin and other drug use, she has an ongoing protective services case, and she ,the ex wife, only has come to see him about half the time.

Recently she , the ex wife, has not came to see him at all in the last few weeks. I was told that her caseworker is helping her file a complaint and that they are going to provide her with a lawyer. “

The writer asked

“Can my ex get me in trouble for not sending my son to his supervised visits”

RESTATED Will the father be in violation of a court order if he does not send his son to the maternal grandmothers home as ordered in a child protective proceeding as ordered by the court at probably a contested pretrial. YES

ASSUMPTION The father has not denied the child to the maternal grand mother for the supervised parenting time.

The father will not be “ in trouble” if is the grand mother in breech. If the child has a loving relationship with the grand mother why stop sending the child. The grand mother will have to explain her actions at the next contested pretrial. The father should contact the case worker directly to establish that he is not withholding the child. The father should monitor the child protective proceedings.

Child protective proceedings and their orders are temporary in nature unless there is an order for termination of parental right. The domestic order that establishes parentage, child custody and parenting time is permanent. It is superseded by the Child protective order but will return when the child proactive case is closed. The father if he does not already have it should seek a change in custody of the child to him self and supervised parenting time to the mother.
For further explanation please contact me directly.

Terry Bankert
http://attorneybankert.com/

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