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?

Related Topics:
1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.