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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Nov 29
1999

Ask a Lawyer: Can a drug-addicted mother go 6 months without seeing her child?

Posted by: Dads Divorce

Question:

The mother has to be supervised to see her 5 yr old with her parents and it's been 6 months since they've came. It's June now and in December she had a baby and they were both addicted to drugs so her 2nd child is under the state's protective custody. She had to do 30 days in a rehab program after all that. Well, after the 30 days she was supposed to test weekly and call somewhere daily to make sure she was staying clean. Of course, she failed so she has a 60 day program. I don't know what she's doing now but by the end of the year, her child will go up for adoption. Can she lose her rights to see the 5 yr old? The father has full physical custody and more. She goes 6 to 9 months at a time without seeing him. Can she do that? The 5 yr old hardly knows her. Since he was two, she's maybe seen him 20 times in over 3 yrs. Can she just call whenever and expect him to go with them. We have police reports too that her parents have left her alone with him so they didn't follow court orders several times. My 5yr old stepson is hurting the worst. She just comes in and out and I don't want my stepson to hurt anymore.

Answer:

Can the mother request the father to allow her visits every six months? Sure she can ask, but if there is a court ordered visitation schedule and the time period that she requests is outside of the visitation schedule, the father can say no, she cannot come see the child at that time. If there is not a court ordered visitation schedule the father needs to file for divorce or for a paternity action immediately to secure a schedule that restricts her access to the child.
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