QUESTION
Can a noncustodial parent request the custodial parent to not have their child around someone
Asked on Jul 16th, 2020 on Child Custody - Texas
More details to this question:
Ex girlfriend (custodial parent) is taking our child around a person that I dont want around our child, and she, in the past, did not want to let me see our child when I asked her, because she did not know my girlfriend at the time. But I (noncustodial parent) know the person she (custodial parent) is allowing around our child, I do not trust said person because said person smokes marijuana regularly, cannot hold a job longer then 2 weeks, does not have reliable transportation due to said person cannot maintain upkeep on any vehicle said person get, and said person recently got jumped for running his mouth and received a broken neck from it. Said person also recently wrecked his vehicle into a bridge due to no headlight on the vehicle
1 ANSWER
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You may request that or anything else you want the mother to do, but she does not have to agree. Normaly unless there is some specific term in your court order stating that Mr. X cannot be around the children, the mother may allow any person she likes around the child. The only thing in your lis of negatives about the man that may impact a child is if the man uses marijuana around your child or drives while under the influence with the child in the car.
Check your court order for a mediation of modification provision. Some orders contain a provision requiring a party to try mediating with the other party before asking for a modification from the court. Then follow the terms of that provision and try to set up a medition for you and your ex to discuss your concerns.
It would not hurt to discuss your concerns with the mother in a neutral setting without the child present. The other man should not be present of course for the discussion.
Answered on Jul 22nd, 2020 at 8:27 AM