Update with questions????

[SMURFEELAW]

What is the name of your state?AZ

The order signed in Oct of this year was swithed from mom having sole with both sharing 50/50 physical to joint legal and dad having primary physical. Mom is to have EOW SUPERVISED ONLY, mom tested positive for meth in COURT. Anyway the first visitation went fine except the day of mom tested positive again, the next visitation didn't happen b/c mom didn't go get a test and moms mom and brother refused to supervise (Court ordered g-ma to be supervisor and it was discussed in Court that brother would fill in in G-mas absence) so then this weekend (started wed for Thanksgiving) all seemed to be going well. Mom even tested negative last friday . All is fine until last night at 8PM. G-ma calls my fiance and says mom kicked the supervisors out of her house (at almost exactly 5PM so no way to involve Court since my fiance is more that 3 hours away anyway) and threw a fit and screamed and would not allow the supervisors to take the child (child is 5 and witnessed all this) so g-ma and brother looked all over for mom and child after 3 hours they called the police and my fiance and told of the situation. The police could not physically remove the child from mom (I understand the law but please there is a reason the Court ordered she was not to be alone with the child) Anyway my fiance finally got a hold of mom and talked her into letting the supervisor back in (by now it is 10PM).

Okay so my fiance calls this morning and finds out that after the supervisor was let back in mom passed out cold on the couch and the supervisor was giving the child and her friend a bath and smelled something burning. The oven was on with something that may resemble fish burnt to a crisp. The house could have burned down if my fiance had not convinced mom to let the supervisor back in and the child could have been killed. Child is now in the custody of G-ma and uncle until the p/u tomorrow.

My questions
Should my fiance file contempt with a request to stop all visitation until another arrangement for supervision can be worked out?

Should he bother being that G-ma and Uncle will no longer agree to supervise and are filing themselves to be removed?

G-ma is also filing for custody of moms other child (not my fiances) will this effect my fiances case?

Moms' house is up for gov't auction the day before next scheduled visitation it has always been a concern that mom will take off to TX (her original home) and obviously can evade her superviors any advice on what can be done besides contempt papers to stop visitation and/or limit it with my fiance as supervisor so this cannot happen?

Any advice greatly appreciated. Sorry so long.

 

[tigger22472]

Since it seems dad and g'ma have an understanding and see what is and isn't best for the child I would have dad and g'ma have a heart to heart. If g'ma and uncle are filing NOT to be supervisers dad can help that situation. G'ma needs to understand and hope she doesnt' get cold feet that she needs to tell of these instances, especially this weekend, making sure she makes it clear mom wouldn't let her take the child with her when mom made her leave. Talk to your lawyer and see if possibly everything could be done at one time... g'ma filing to stop supervision and dad filing to suspend visitation. If on next visitation time g'ma isn't going to supervise then by court order dad doesn't have to allow child to go. This should prevent some feelings of the fear of her taking off with child. Again, my best suggestion is to have dad and g'ma work together. Have g'ma contact the police dept. Even though they didn't do anything really, they should have a report on file and have her get a copy. It's more leverage for her to prove things.

 

[SMURFEELAW]

Thanks, yeah my fiance is hoping that g-ma won't back down but the ex is very good at manipulation and guilt with g-ma. None of the parties have a lawyer, (yeah all this on our own---I think it took twice as long and was 100 times harder). As for the police reports my fiance requested that a report be written and asked the officer personally (unfortunately the police know of the situation both b/c of custody and moms drug use and DV issues in the home (not with my fiance)) anyway he asked that the report be filed immediately so a copy can be requested first thing monday morning.

What do you think on the contempt? The last thing that my fiance wants to do is create problems for g-ma or uncle since right now they are the best ally would contempt get the supervisors in trouble since they did leave w/o the child?

 

[tigger22472]

Technically the only contempt is by mom. Although Grandma and Uncle didn't supervise the second visitation... the way you explained it I understood it that mom has to have a test each time anyways and she didn't get the test done... so again she's in contempt. This past weekend SHE would be the one in trouble again.. the supervisers were there, SHE is the one who kicked them out. They tried to take child with them, SHE refused. IF in fact she's required by the court to take the test before each visitation, there's nothing to get g'ma and uncle in trouble. They can threaten not to supervise all they want but until they don't, they aren't in contempt. They didn't that one weekend but that can be countered by the test. You are correct, it's best to keep them as allies... and I can understand how mom manipulates so that's why it's most important that dad and g'ma and uncle sit down and really talk about what is best for the child and work together, preventing mom from guilt trips and manipulation.

 

[SMURFEELAW]

Thanks again and I will keep you updated. Right now we just want to be sure that someone has the child at the meeting place tomorrow. Thanks again