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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110378
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I need to know my rights in this case. Please help. I am a

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Hello, I need to know my rights in this case. Please help.
I am a single mother with a 14 year old daughter who stays with me most of the time. Every other weekends, she goes to her fathers house to spend time with him and his new family. I am the disciplinarian in the family and I make decisions for my daughters activities most of the time but when she's with her father, things change. There are times I check my daughters phone to make sure that she is using it appropriately and not abusing it or talking to strangers. Last week, when I was checking her phone, I saw a message that is bothering me a lot. On July 25, according to her, she and her stepsister were walking in the neighborhood when they were approached by men in cars. They were doing drugs, marijuana in particular and they offered it to my daughter and her stepsister. All they said was, "maybe later." Before the men left, one of the men gave his phone number and told them to give it to those who are interested in buying drugs, and they left. The girls kept the number That night, out of nowhere, my daughter tried to call the man on his phone who lives in the neighborhood and asked them where they can buy the drugs because they want to get high and her stepsister wants to get high too. The men asked if they can smoke in their house and they said No and that they are sneaking out. They were just pretending that they want to try it. My concern is this. The men now knows my daughters phone number and may have followed them home. I have discussed this situation with her father but I am so scared that I don't want my daughter to go to his place until this has been cleared and the issue dies down. I have reported this case to the sheriffs office to protect my daughters safety. My exhusband still wants to pick her up this weekend but I am hesitating to let her go back for awhile. What should I do? Should I allow her to go or not at all for awhile. Please help me. Thank you
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have you discussed this situation with the father, since he really did not have anything to do with your daughter and her step sister being outside alone as teenagers and while he should be monitoring her phone, having several teens and knowing just what you are getting at about monitoring, I know as you do that sometimes it is not possible to monitor their activities 24/7? So have you had the discussion about this with the father, as this incident alone is not sufficient to go to court to seek to stop visitations?
Customer: replied 2 months ago.
Thank you for working with me. Yes I have discussed this issue with him. In fact we had a meeting today. My daughter told me the other night that her stepsisters boyfriend is doing drugs sometimes but today in the meeting, my daughter changed it and said that he could have tried it but he does not. So I don't know if my daughter is just scared of her father that he had to change her answer. I do not allow boys to hangout at our house because she's only 14 years old but her girlfriends are here all the time and sometimes they sleepover. At her fathers place, they allow boys to hangout with my daughter and her stepsister and when I discipline her, Im the one who's looking bad. I am fixing to hire a private investigator to monitor what they are doing at the house but I don't know if that is against the law. I don't even know if he still drinks heavily because that is one of the reasons why I filed for divorce. According to our decree, he is not supposed to drink when my daughter is with him. So I don't know if they are being lax in watching the kids that they can do all these things. What should I do?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
What you need to file a motion for an order to show cause for contempt in the court that issued the custody order to do this the right way. In the motion you need to describe what happened and ask the court to amend the visitation based on the lack of supervision and the lack of concern regarding this issue. That is the proper legal step you need to take in order to get the matter resolved, because if you do not do it this way and simply do not allow her to go he can file against you for not sending her pursuant to the court order.
In the motion you need to explain that you tried to work this out with him and failed to reach a solution which forced you to bring the matter to the court. You have to let the court resolve it though, because if not you are going to have legal issues from him
Customer: replied 2 months ago.
Maybe next time we can talk on the phone one something unacceptable happens again.. Thank you
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
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