Q: Can I modify visitation due to mother's unstable housing and safety concerns?
I have had legal custody of my nephew since June 2024, with the mother having court-ordered visitation every other weekend. Recently, her living situation has worsened; she was evicted and has moved multiple times—including staying at a budget motel, where there have been numerous police calls. She has also had several new jobs in the past couple of months. Although the custody agreement requires her to have working utilities, I am concerned about my nephew's safety during these visitations. Should I contact CPS to assess safety or file for a modification of the visitation terms?
A: This is not an either/or situation. You may do both. Of course if CPS makes a finding about mother's situation that raises additional concerns it would bolster your position.
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