Filing Ex-Parte for Custody with Existing Order

[td76]

My question involves a child custody case from the State of: CA

I currently have joint custody of my 3 children with my ex-wife.

My ex-wife is currently charged with PC-243(e) domestic battery (against me) and trial is set for a few weeks out. She has a long history of drug abuse.

I recently found out my she is associating with a guy that I know has dealt in drugs. Apparently she has even had him watch the children (ages 2 through 9) while she is at work rather than take them to daycare. Unfortunately I don't know much about the guy (even his last name) other than his first name and he is a drug dealer.

Obviously I don't want a drug dealer around my children.
Would a request for full custody under an ex-parte be appropriate? or would it be better to go with a OSC with request for time-shortened?

Also, the current court-order allows either parent to remove the children from a home where they believe there is illegal drug use. Should I simply remove the children from their mother's home under the authority of the current court-order under this item?

[Dogmatique]

What proof do you have of current drug use?

[td76]

What proof do you have of current drug use?

She was ordered to provide me 2 drug tests per month over a 9 month period. She has provided me one which shows a positive result for amphetamines.

I have in my possession prescription bottles and photos of various prescription bottles in her name for the same medication (opiates) from different doctors for the same period of time.

[Dogmatique]

No, I meant drug use by the new boyfriend. Recent convictions? Proof that he's dealing?

[Mr. Knowitall]

Where are the children now?

If you can adequately protect them while scheduling a contested hearing, that's a reasonable approach.

Your rights under the court order are what they are. If you act, be prepared to defend your actions in court. If you want advice on how to proceed, retain a lawyer to advise you.