My ex husband was supposed to have a hearing today for 6 months non payment of child support but instead admitted himself to a mental hospital. Our custody arrangement specifies that he has the children every other weekend (including this weekend) and an overnight on Christmas night. We have no contact other than dropping off and picking up the children so I have no idea if this is an ongoing issue or a ploy to avoid being held accountable for child support, but either way I am now frightened to send my small children off with him alone. According to his family, he should be home for Christmas and I am expected to hand the children over as usual or there will be consequences (I assume calling the police to enforce the custody order). Is there any temporary change I can legally make until I find out if he is safe to have my children alone?
If you do not allow him visitation pursuant to the court order, you could be held in contempt. If you have genuine fears about the children’s safety, you can file an emergency custody motion, but without move information than his admission to the hospital, you may have difficulty succeeding on getting an ex parte order of custody. You may also want to arrange an alternative for Christmas such as getting his family members to agree to supervise to ease your concerns.