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Old 03-11-2014, 07:28 AM
  # 13 (permalink)  
hopeful4
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Join Date: May 2010
Location: USA
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I have to warn you, the courts likely will let him see the baby. Unless you can prove he is using, the courts don't usually take much weight with being rude to each other or moodt and disrespectful with each other. They are going to care about the wellbeing of the child and if he is at risk when spending time with his father. If you are going to say he is (and I believe you, just trying to prepare you), be prepared to prove it.

The courts see alot of people throw around accusations so in reaction to that, children of addict parents are often lost in the system. The "system" has failed. In this state, they will say that you are not allowed to drink 12 hours before you see your kids. Well good luck with proving that. And, even if you are an addict, if you can show you are working on recovery in any way, you will get time with your kids. This puts them at risk and is a complete failure of the system for our children. I am disgusted with all of it.

I can tell you I have a friend who has it in her parenting plan that she has to meet her XAH at the police station and if she suspects he has been drinking at all can force him to go inside and take a breathalizer before he can take her. However, once he does and it's clean, it is out of her hands. The rest of the weekend he can do what he wants unless she can catch him breaking the law in some way.

I have another friend who if her daughter refuses to go with her XAH she has a journal and journals why she did not want to go. For example, evident XAH had been drinking. Speaking inappropriately and scaring daughter to point she feared for her wellbeing if she went w/him. All examples are tied to the child, not to her. He would have to take her back to court to do anything about this, which is not likely. If so, she will be prepared with her journal of why she did not send her daughter each and every time.

She said while she cannot control his behavior while her daughter is there, this is something she can control and does. Does it keep her daughter 100% safe? Nope. But it does help.

It is alot more critical b/c your son is so young. Again, not trying to play devils advocate here, just trying to let you see how it is alot of times in the court system. It really is all about the judge. I hope you get a good one. Where I live it's the good ol boys system and it really stinks.

Good Luck and God Bless. Keep us posted!
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