Substance abuse and custody


#1

my ex didn’t return my son on time. I called pd and they went to his home and found him extremely drunk. ex agreed to go to the hospital and get help. he was in the hospital for a week. I filed an exparte protective motion to stop visitation. although, I asked for supervised visitation the judge refused and said NO visitation until the hearing.
What happens now? how does the court handle such things? yes he is getting help for now. how do I keep my son safe? how does the court handle supervised visitation? who supervises?


#2

any advice would be appreciated.


#3

When the hearing takes place the judge will make a decision based on the best interests of the child. For supervised visitation I have seen relatives act as the supervising guardian, but again, the will depend on what the judge decides.


#4

thank you for your response. does CPS get involved?


#5

You will next have your return hearing where you will make your arguments to the judge about what you want visitation to be like (either none, supervised, unsupervised in the community) and what parameters you want to put on visitation and why. You have to present to the judge what your concerns are, why you sought the emergency order, and why you want it to remain in effect.

CPS may get involved. It really just depends on how that works in your county. In some counties, CPS will get involved any time an emergency action or protective order is filed that involves a child. Some counties do not have the capacity to handle all cases and will only get involved when directly contacted by the court.