My ex-wife is not letting my have my daughter on set visitation. It originated because she thought I was smoking weed while I had visitation, but I was not. I have smoked weed in the past but never when I had visitation and certainly not around or in front of my daughter. Can she take away my visitation/rights because i've smoked weed even though it wasn't in the presence of my daughter? Would I be in the right to file a contempt charge for not allowing me to have my visitation days? Does she have a case?
1 Answer from Attorneys
Using controlled substances is ALWAYS a concern when it comes to parenting children. You would be wise to stop using and perhaps seek a substance abuse evaluation if you want to have a relationship with your child. Your question does not provide any detail as to whether she believes you have parented under the influence ... but you should not. Clearly your ex is aware of your drug use. Even having controlled substances in the home poses a RISK to children. You should probably get information from a local attorney who can help you restart visitation.