I am at the beginning of custody court with my daughters father. She is one year old. In September of last year, when she was 6 months old, he asked to see her for the first time. I said yes and brought her to his home. During that week the third time that I brought her there he had a drug dealer and friends over (I didn't know they were) and I was in the kitchen making her bottle. I came out and he was holding her getting ready to light a blunt and a girl was breaking up drugs on the table. We immediately left, and I told him he could only see her at my parents home with them present because he was still using drugs. That happened twice, he came high again. I told him we would go to court. He then threatened to take my child whenever he wanted and come to my parents to do it and take her from me. I got a PPO. Had to turn in the evidence of everything I mentioned above. He is suing me to court. I agreed to a temporary court order between the two of us and the lawyers with the judge signature until court actually happens which gives him standard parenting time with SUPERVISED visitation by his mother. Also a hair follicle drug test within 8 days. It started this week. The first day, he told me his mother would meet me at his home, and I drove the two hour trip and he said she wasn't coming and she was sick and he knew that but was trying to get me to just leave her there and said he promised to give her back and its just a piece of paper. I said no. Left. The next parenting time, I dropped her off to him and his mother, and everything was fine, yet he dropped her off 45 minutes late than what is stated in my court order and said he had trouble getting the car seat in the car. Yesterday, was to be his first overnight supervised. When I showed up at his home his drug dealer was on the couch with his gf and child, his mother at the kitchen table, and he was high as a kite and his house reeked of weed. I went to my car, drove to the stop sign, and called 911. I didn't know what to do and was not aware that since I have physical custody, that I didn't have to legally drop her off if I suspected this. 911 yelled at me why did I leave her there and they sent a county cop and had me wait down the road. While I waited for 45 minutes, him and his mother and my child left the home and went to a restaurant. I explained to the county deputy all of the above, he said he could legally give me my daughter back because I have sole physical right now and that it is cause enough to believe that she shouldn't be there. He told me to find where they took my daughter and then call him and he would come and go get her for me. I found him, and called. I asked that if we should wait until he took her back to his house since it was a birthday party and at a busy restaurant and he said no that we needed to do it immediately and he was across the county so he was sending the city cops to come and get her for me. 30 minutes later they came (my fathers dad and mother are friends with them all, he gets away with anything illegal with them), the police officers told me that they had no court order to take my child and refused to take her even if he was high or had marijuana in his home and said they would never take a child from a parent because of it. I explained that I had physical custody and showed them my court order and they said they didn't care and for me to take it up with court. I explained that county said they were getting my child back and he said well WE are not so take it up with the court. I called county, and he told me to wait there and showed up. Asked me what the city police told me and I told them, he went to talk to them, then came back to me and said that he had to cover his butt on why he was removing a child from the other parent during parenting time and that he was going to tell her father that he could consent to a search of his house so that he could either smell the weed and find his drugs if there were any, or that he could give her back to me. He opted to give her back to me and not have his home searched. He yelled that I was in contempt of court and good luck to me. He has a history of drugs that's why its supervised right now and waiting on this drug test. My questions is...will the judge possibly be very mad at me for taking her back since I cannot prove the smell of weed or that he was high with pictures and since he was not home when the county took her back for them to have probable cause by smelling it to search his home? Are there serious repercussions to what I did if it was for my child's safety? Is there anything that I can do to get rid of this court order that I agreed to a week ago before I knew that he was going to be doing drugs inside of his home and have drugs in there with my daughter going there or be high with her?
Is marijuana without a medical card and using inside the home and being under the influence around an infant considered anything unsafe right now with the way weed is becoming legal in places? The city police told me they would never remove a child for marijuana in the home or him high off of it.
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