Legal Question in Family Law in Louisiana
I have two children by my ex husband. He is a convicted felon with current alcohol and drug addictions, which are documented by the court. We have been divorced for 9 years and in these 9 years he has had supervised visitation. To get unsupervised visitation, he has to pass one drug test then, to maintain unsupervised visitation he must pass one every month for a year. In these 9 years, he has not even taken one. His father has been supervising him for these past 9 years but not very well. Just to name a few incidences, he has been allowed to take the children unsupervised to functions where he was drinking and driving in the car with my children, my children came home and said they found drugs in his home, and he has cursed at them and told them it was the last meal he would ever by them, came to their baseball games drunk, etc. Of course, upon learning these things I spoke with his father and he said it would not happen anymore. I continued to let them go because I wanted my children to have a relationship with their father and his family for their benefit. I have for the past almost 3 months stopped letting his father pick them up and instructed my ex that if he wanted his supervised visitation he would have to come here to visit so I could supervise. He has failed to show up yet. He has told the kids once that he was coming and did not show up. Basically, I want sole legal/physical custody and want to move out of state to obtain my master's degree and make more money, as I am a registered nurse and live in a low paying state. Can anyone give me any advice?
1 Answer from Attorneys
File to change the visitation.