Q: What is the first step I could take into filing for custody or atleast supervised visits against a parent that is nonfit
I say the parent is nonfit because I know drugs are involved an more then likely he uses. I have standard visitations right now but hate feeling like I have to still send her for his weekends, when in the back of my mind I know something could happen to her, but I feel if I dont allow her to go I could be in trouble. Everytime I receive my daughter back she smells like a pound of marijuana.
Your question says he has visitation. If there is an order in place and there has been a material and substantial change in circumstances, then you can ask for a modification from the court if such a modification would be in the child’s best interest.
If there is no order then you would need to ask for relief, from the proper, court with a suit affecting the parent child relationship.
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