Father is Lying About Where Child is to Avoid Right of First Refusal

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

I was speaking to my daughters father on the phone this weekend ( his weekend to have her)and he was acting suspicious. I asked where our daughter was and he said at his home with him. He is an alcoholic and has made poor choices regarding our daughter in the past. I was concerned for her safety and went to his home. The garage was open and lights were on and I entered the home to find no one, I did find some newly opened beers. Very concerned, I called and asked to speak to her he refused and eventually told me she was at a neighbors home and he was out with friends and he did not have to share this info with me because he didn't have to use the right of first refusal since it was going to be 3 hours or less. I picked her up from the neighbors and she stayed the night at my home.
My questions are: can he lie about where our daughter is?
I know I cannot enter his home without permission, but I was concerned for her safety given his alcohol history. Can I get into trouble for that?
Is it appropriate for him to use a babysitter for the hours of 8-11pm? I feel it was inappropriate and would disrupt her sleep. I'd rather her be with me than a third party and sleep in her own bed.
Lastly, was it ok for me to take her from the neighbor? I was concerned that he would be picking her up under the influence.

Thank you!!

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My questions are: can he lie about where our daughter is?

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Yep. He is not obligated to tell you where they are or what they are doing during his parenting time.

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Is it appropriate for him to use a babysitter for the hours of 8-11pm?

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Unless the court orders state otherwise, yes.

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Lastly, was it ok for me to take her from the neighbor?

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No, it was not. Repeat that action, and you may find yourself having to explain to the judge why you were truncating Dad's parenting time.

And don't EVER enter his home without permission like that.

Thanks. My main concern is the drinking. So I can't do anything about that? He recently showed up at my home to pick her up for his weekend and about to drive away when I got close enough to smell the alcohol and after he admitted to have been drinking I pulled her from the car and she did not go with him that day. I feel I had no chocie but take her this weekend as he was under the Influence again while caring for her. What can I do?

Um, excuse me, but if she is with a neighbor then he is NOT caring for her while under the influence. The neighbor is the one caring for her, and the neighbor (presumably) has not been drinking.

So where is the lack of safety?

To clarify... He was drinking while caring for her before taking her to the neighbors and he planned to pick her up after 3 hours of drinking from the neighbors. So she would be in his care while under the influence. He has a very serious alcohol problem... Several duis, daily drinking, Continues to drink and drive, doesn't pick up daughter because he decided to go drinking instead. It's a major
Concern of mine. Can anyone help me with any suggestions? I worry about her safety everytime she is with him.

This issues were previously raised in court, correct?

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My main concern is the drinking.

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You're aware that drinking is legal, yes?

He did the right thing and obtained alternative care for the child while he was out.

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So I can't do anything about that?

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Like it or not, the court's position is that it's none of your business what he gets up to, whether or not he has the child at the time. If you try to argue with the court that your daughter is not safe with him, the judge will ask you what rock you were hiding under, that you were unaware of his fondness for alcohol at the time you CHOSE to make a baby with him.

Abandon this line of thought before you land in hot water.

It was attempted. I plan to go to court this fall since it has been a year and other modifications need to be made due to changes in income, work schedules and the like. I plan to retain a different lawyer as well. I feel now that it has been a year I have more documentation and maybe the court will consider a clause regarding alcohol? What do you think?

I think that unless you can prove that the child is in danger you'll fail.

Dad did the RESPONSIBLE thing - he got a sitter. He absolutely will not be faulted for that. And it's not illegal to get drunk while you're taking care of your children.