My Ex has a Drug and Alcohol Problem, Do I Need to Continue Weekend Visitation?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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.

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Author: House Attorney

A house attorney has answered this question.