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Attorney & Mediator
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Category: Family Law
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Father has had joint custody for 6 year and never ...

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Father has had joint custody for 6 year and never excersised it till now. Now he wants her every other week. Drugs and human resources are invloved with him. Do i have to let him do this? Thank You, XXXXX XXXXX
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Thank you Joyce for your question.

If at the present moment he has Drugs and Human resources involved with him, that means that at the present time he is unfit to exercise joint custody rights. What you have to do is request a modification review hearing on the grounds that the child's best interests will be exposed to a risk of harm if the child is released to a parent with a current substance abuse problem.

So no, you should not release the child to the father, but should immediately request a modification review hearing to change the parenting arrangements to protect your child.

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