Child Custody and Illegal Drug Use
My question involves a child custody case from the State of: illinois.
I will try to make this as short as possible:
I found out my daughters father was smoking marijuana after he was ticketed with paraphernalia, speeding, and carrying marijuana (don't remember the legal term). Anyways, later on he came clean that he has been smoking and been high around mydaughter. I left him and took my daughter with me (I'm unmarried) and have let him see her in public places because I fear he will take her away from me or get violent as he has in the past. He has been bombarding me with texts after I have begged him to leave me alone because I refuse to let her stay at his place overnight or be alone with him until he takes a drug test (he says he has been taking them since early December and he still can't pass). So my questions are the following:
1) I don't want him to know my address, if he keeps asking and I refuse, will that be used against me in the future? What if he asks for my address to take me to court? Im scared he will show up or stalk me.
2) he wants overnight visits with my daughter but wjen we lived together he is such a deep sleeper he never would wake up to her cries. . Im not against them in the future and when hes been clean for a while. What are my chances of restricting overnights until she's two or three?
3) if he keeps bothering me, will It be used against me if I block him? Its just so many texts blaming me for this situation, saying eff you, calling me a b word stuff like that. If I block him will that lessen my chances of restricting overnights?
5) last time I let him see her he smelled like pot, if I allow him to see her in public and he smells like that again, can I call the police? Im scared he is still carrying marijuana and CPS could get involved.
My goal is not to keep him away from her. Only to ensure her safety. She is 9 months by the way. He used to watch her while I was at work and he was getting high.
Any advice is appreciated.
Re: Child Custody and Illegal Drug Use
Nothing you are doing at the moment is going to hurt you in a later custody case. His drug problem is documented, you are not denying all contact, and you do not (at this point) have to give him your address.
You do not want to make it impossible for him to contact you. However you can also ignore harassing or vulgar texts.
Re: Child Custody and Illegal Drug Use
Thank you for your response.
He is requesting to see her this week, if he smells like marijuana again, can I call the police?
Re: Child Custody and Illegal Drug Use
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Quoting
ESnows94
Thank you for your response.
He is requesting to see her this week, if he smells like marijuana again, can I call the police?
No, but you could stop the visit if you chose to do so.
Re: Child Custody and Illegal Drug Use
Oh ok, thank you. He is requesting my address to file court papers. . Must I give it to him ? Will this be considered contempt?
Re: Child Custody and Illegal Drug Use
Quote:
Quoting
ESnows94
Oh ok, thank you. He is requesting my address to file court papers. . Must I give it to him ? Will this be considered contempt?
At this point no, but you will need to be cooperative about accepting service in some alternate manner. Contempt is a violation of an existing court order, be it a written court order or a verbal order from a judge. No judge has ordered you to do anything at this point, therefore you cannot be in contempt.
Re: Child Custody and Illegal Drug Use
The above is predicated on the impression that at present no visitation order is in effect.
Re: Child Custody and Illegal Drug Use
Yeah, there is no order. Can I give him a Po box instead? Is there a way when we do go to court I can withhold the address from him ?
Thank you very much for taking the time to respond to my questions. I appreciate it.
Re: Child Custody and Illegal Drug Use
Quote:
Quoting
ESnows94
Yeah, there is no order. Can I give him a Po box instead? Is there a way when we do go to court I can withhold the address from him ?
Thank you very much for taking the time to respond to my questions. I appreciate it.
The only way that you are going to be able to keep your address from him in the long term, is if you can convince the judge that its necessary to do so for your own safety. Do you have any proof that he has been violent with you?
Re: Child Custody and Illegal Drug Use
Yes, text messages admitting to it. Is that useful evidence?