Can I enforce my right to visitation with my child even if the other parent has a drug problem?
October 29, 2022 | 40,00 EUR | answered by Gerd Möller
Dear Lawyer,
I am reaching out to you as I urgently need advice in a difficult family situation. My name is Leon Wittkopf and I am the father of a five-year-old child. Since separating from my ex-partner, we have joint custody, but the implementation of visitation rights with my child is proving to be difficult. My ex-partner has a drug problem, which has worsened in the past few months. I am very concerned about the well-being of my child, as I fear that the drug issue could have a negative impact on their development.
Currently, my ex-partner is increasingly canceling or changing scheduled visitation dates at short notice due to being under the influence of drugs. However, I do not want my child to suffer from this situation and I am wondering if I can enforce visitation rights under these circumstances. Are there ways to protect my child from the effects of the other parent's drug problem and still ensure a regular visitation schedule?
I urgently ask for your advice and support as I am very worried about the future of my child. I would greatly appreciate any possible legal steps or solutions in this difficult situation.
Sincerely,
Leon Wittkopf
Dear Mr. Wittkopf,
I would like to express my sympathy for the difficult situation you are facing. It is understandable that you are concerned about the well-being of your child and are looking for ways to protect them from the negative effects of your ex-partner's drug problem.
In such cases, it is important that the child's well-being always comes first. If you are concerned that the current visitation arrangement is not in the best interest of the child, you may take legal steps to modify or restrict visitation rights.
One option would be to seek a modification of visitation rights through a court proceeding. You could file a request to restrict visitation if you can prove that under the current circumstances, visitation is not in the best interest of the child. This could be supported by medical reports or witness statements, for example.
It is also possible for the court to decide that visitation must take place under supervision to ensure the safety of your child during visits. In particularly serious cases, the court may even decide to temporarily suspend visitation until the situation is resolved.
It is important that you seek legal advice in a timely manner and discuss your situation with an experienced family law attorney to find the best possible solution for your child and yourself. Together, we can plan steps to protect your child's well-being and ensure a regulated visitation arrangement.
I am here to discuss your situation in more detail and explore possible legal actions. Please do not hesitate to contact me so that we can find a solution together.
Best regards,
Gerd Möller
Family Law Attorney
