Legal Question in Family Law in Connecticut
I've been the sole caregiver for my son since he was 3months old when awarded custody. My son's mother has parental access. CT doesn't punish parents who fail to exercise visitation. She's had a substance abuse problem which only recently was substantiated by DCF who actually warned me of the problem. My heart is compelling me temporarily deny visitation but in the past when she puts the child at risk and I attempted to deny, she would contact state police who 'forced' me to release the child to her. There's no field sobriety tests for pain killers and other narcotics on the spot. The child's guardian-at-litem continues to suggest I move, but I guess he can't do anything until there's a motion on the docket to 'bring him into court'. Is there an emergency halt to visitation I can motion for? What's it called, and I was also told if I let my son go with his mother and 'something happens' they will hang ME for it. What CT family laws will ACTUALLY help me to protect the child? I've never 'attacked' her in court, she continues to purposely destroy her relationship with my son. He's 5 now, and is very vocal about not wanting to go anyway... I've always encouraged him to forgive and try to make the best of it. Help Help Help and Etc! (thank you)
1 Answer from Attorneys
You need to file a motion to modify the custody order that gives her parental access and allege that she is using drugs and her visitation should be terminated. You will need to get a court date and have the motion served on her by marshal. If you are unable to prevent the visitation prior to the court date, then you need to go into court on an emergency basis.
If you don't file the motion and go to court, then DCF could take your son from you for failure to take the appropriate measures to protect him from his mother.
I don't know why the GAL would say that he needs a "motion to bring him into court." GAL's have the power and the authority to file motions. Nevertheless, you should do the filing.
You need to retain a lawyer to assist you.
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