Stopping Visitation Due to Danger to the Child

A father was arrested for being drunk in public, while in possession of a young child. The police had protective services take the child from the scene of the arrest, and they took the child to her mother. The mother was told that the father should not have possession of the child until he gets his behavior and alcoholism under control, but DHS has decided not to pick up the case and the mother has been told that the regular visitation schedule must thus be resumed. How can she protect the child?

She needs to file a petition to suspend visitation, or to have it monitored by a responsible party, subject to conditions set by the court on her husband's proof of substance abuse treatment, sobriety and safety. We cannot promise you what, if anything, the court will order -- although with the arrest and CPS involvement it's likely to order something. She should work with a lawyer.