Bon Aqua, TN asked in Child Custody and Family Law for Tennessee

Q: I have primary custody of my son. I have told my ex-wife that our child is not suppose to go to her mothers house.

Her mother does drugs and she left my son with her. What should I do? Isn’t this child endangerment?

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Unfortunately, if your parenting plan does not currently contain this restriction, the mother can do as she pleases with her parenting time. If the situation represents a real danger to the child ( and keep in mind that you will need to convince a Judge of the danger) you should file a petition to modify the parenting plan

so that the Judge can order the mother to keep the child away from the grandmother. A prior history of illegal drug use does not automatically mean the individual is continuing to use drugs. You will likely need to get the Judge to order drug testing of the grandmother and you will likely have to front the costs of those tests. Consult an experienced family law attorney for advice on your specific situation.

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