Can I deny court ordered visitation if I fear for my daughter’s safety?
Mother has a history of drug abuse, homelessness, absconding with the child, and cutting off all contact. Her behavior has escalated recently. She will not disclose her latest address. My child is having personality changes, nightmares, and accidents. There is an existing custody order. What can I do?
You have the right to file for a protective order. However, I do not think that would be the best route. A ground for a protective order would be mental or physical injury to a child; neglect is not a ground for a protective order. Additionally, if you have a custody order most Courts prefer to address custody issues within the custody case rather than through a protective order case. You should consult with an attorney to discuss the option of filing for a modification of custody and requesting an emergency hearing. You also have the right to contact CPS if you fear that your child is being abused and/or neglected.