Legal Question in Family Law in Pennsylvania

My husband's ex-wife is a drug addict who until about at least 1-2 months ago has been clean for many years. My husband has primary custody of his kids including a 10 year old daughter, and 17 and 19 year old sons. Their mother has been coming to us for money and food for the last couple of weeks and has done at least one 72 hour admit in a detox unit just last week. We don't feel that she drug free at this point and are very concerned about leaving our 10 year with her unsupervised. She usually spend every other weekend with her mother and 2 nights a week, but over the last 4-6 weeks she has not had any overnight visits. This weekend coming up is her weeked to be with her and is expecting to have our 10 year old stay with her. What do you need to get a court order for supervised visits until she has proved that she is clean. She refuses to tell us what her addiction is and she refuses to take a drug test for us to show us that she hasn't been using.


Asked on 1/27/11, 12:00 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

If you believe that the 10 year is in immediate danger if he goes to stay with his mother you should file an application for special relief with the court. This can be done on an emergency basis. These petitions are not always granted but it will also start in motion a petition to modify where Mother will have to tell the court what her addiction is and why she's in Detox. Additionally, the court could require drug testing as part of a modified custody order.

{John}

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Answered on 2/08/11, 1:07 pm


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