I have guardianship of my 2 year old nephew. His mother and father had been in a very abusive, and unstable marriage until June of this year, when they got into an altercation and while he was in jail, she fled the state they lived in and moved back to our home state. After only 4 months, I became aware of the very unsafe environment the child was in and I filed for guardianship. His mother tested positive for Meth and THC, and appeared at the court hearing. His father is suspected of drug use, but did not appear in court because he was not allowed to leave the state he lives in because he has pending charges of criminal domestic violence and grand larceny.
At the hearing, the judge outlined several things that either parent must do for a minimum 9 months, including steady housing, financial stability, following a mental health providers recommendations, and drug tests, to be able to petition for guardianship to be overturned. The judge also granted my sister supervised visitation every other weekend until she has a clean Hair follicle test, and then we could do "overnight visits". She is currently in a drug rehab center, and is scheduled to be released in 2 weeks. She has informed me that she and the estranged husband have decided to work things out and he will be moving in with her.
My question is, given his violent history, and the fact that he has sought no mental health providers and has no drug tests on file, should I allow visitation with both parents?
1 Answer from Attorneys
What the Judge set forth were called "standards". As the guardian of these children, I believe your best choice of action would be to get back in front of the Judge and explain your concerns and why you believe the children would be in possible danger. There's some bigger problems if your sister is deciding to "work things out" with this abuser. Bob