Q: Hello. I need help filing for supervised visitation for son’s father who is a drug user. Is it a long process?
A:
No, it shouldn't be. It sounds like an emergency, so the Court should hear you on an emergency basis, which usually means within two business days or less, provided you have proof of the use; or other evidence -- like declaration(s) from eyewitnesses who saw the drug use; an admission from the father that he is using illegal drugs, a declaration from you that you recently saw the drugs and have knowledge what the drugs in question look like (and where you found the drugs); or other admissible evidence. You may or may not have to tell the father that you are going to court on an emergency basis.
I am assuming that you are the other parent not a third-party.
If you are asking for supervised visitation, the court will have to decide whether the visitation is professionally supervised or may be supervised by a mutual acquaintance and who that acquaintance should be; and if it is professionally supervised, who should pay for it.
But even if the court awards you supervised visitation for the father, there will have to be a follow-up hearing where the court has more time to listen to both sides of the story.
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.
