Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My ex-husband told me that he has a drug & alcohol abuse problem and that he needs to go into a rehab program. He has not done this. Do I have to continue to send my children on their weekend visits?”You will need to have your attorney file a request for a change in timeshare (visitation) based on changed circumstances (your husband’s substance abuse issues and need to go into rehab). This is because without a court order changing the timeshare, if you don’t send them you will be in violation of the current court order, which can have serious consequences, including parental kidnapping charges and even arrest.
Question: You should do this immediately if you truly believe your children to be in danger when they are with your ex-husband – courts have processes which allow for expedited temporary changes of timeshare and custody just for this very reason.