Q: Can i withhold giving my child to her father on his weekend?
My 4 yr old childs dad gets her every other weekend. He is court ordered to do a BA tests once before pickup, once in the middle of his weekend, and once after drop off. If he doesnt do the BA tests can i refuse to give her to him? Or will i get in trouble for denying him his time even though he isnt following the court order by taking his tests as he is an alcoholic. I have been letting him take her but i feel as though he shouldn't be allowed to because he isnt doing his required tests
A: You should comply with the court order. However, if you file a motion alleging that the child is in imminent danger, his parenting time will have to be supervised until a court hearing, which should be held within 14 days. I am not sure that his failure to take the tests constitutes imminent danger, unless he is drinking to excess while he has the child. You should retain an attorney to further advise you .
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