Legal Question in Family Law in Utah

Ex-husband using drugs - how to keep the childrens safe?

I have found out that my ex-husband is using cocaine and we have requested that he take a test. A ''quick'' test and a 2nd more extensive test showed he was positive for cocaine. That was three weeks ago. He claims that the tests were wrong and that he is clean. We have also found out that he has been dealing drugs. He claims that was a long time ago. I do not trust him. My children do miss him and want to be with him, but I need to keep them safe from harm. I was told to fill in a protective order, but the courts tell me that doesn't fit my situtation. What rights do I have in keeping the children away from him? What should I be doing with the courts to change visitation and keep my children safe? Any advise would be great as I don't have money to spend a lot of time with an attorney. Are there any papers I can file on my own instead of hiring an attorney in regards to visitation? -A Worried Mother

Asked on 12/09/05, 12:16 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Ex-husband using drugs - how to keep the childrens safe?

You can get low or no cost legal assistance from Utah Legal Services. You can file an "Order to Show Cause" why your husband should not have regular visitation with the children (maybe allow supervised visitation) while he is under the influence. Require him to submit to regular testing, including hair folicule testing. You are right that you have an obligation to protect your children from a drug user/seller/abuser. You may also want to talk to Child Protective Services and see if they can assist. Remember ALL drug abusers lie.

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Answered on 12/09/05, 12:43 pm

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