Ex Parte (mn)
Location: MN
TLDR: Is it wise to deny my children's mother her custody time due to serious safety concerns?
I have equal custody of my 3 & 6 yo children. Their mother (respondent) has a history of alcohol abuse, including more than one stint in rehab. Respondent has been gradually showing signs of relapse over the past 6 months. Recently I've learned from my kids that their mom doesnt wake up in the morning and neglects my 3yo or leaves my 6yo in charge of him. There are no safety measures present and they have access to the entire house (even outside). I reported this to CPS to no avail. Respondent even admitted she had to call poison control one morning because my 3yo ate an entire tube of toothpaste.
I have been trying to hire an attorney to file ex parte, again, to no avail (there is a shortage of everything in this shithole town). So far, on my own, I have submitted a petition to register a foreign order to try and get MN to enforce my parenting plan (it originated in KS) but it still hasn't been finalized.
My kids are due to return to their mom on Sunday evening for 2 overnights before returning to me, but I'm done stressing about my children's safety.
I have a near perfect record of acting in my children's best interest throughout the divorce and custody battle, making many personal sacrifices in the process, the respondent does not. I have painstakingly followed the parenting plan, the respondent has not (I have already sent several "breach of agreement" notices to respondent's mailbox). I document everything (recording calls in accordance with 1 party consent/texts/journals/etc).
My hesitancy comes because although I KNOW IN MY BONES the respondent is relapsing, I don't have indisputable physical evidence. I want to compel the court to investigate my allegations but the immediate issue is my children's safety. Do I deny her custody time or knowingly send my kids to an allegedly unsafe environment in the interest of not breaking any laws? This shit sucks.
Edit: spelling is hard sometimes
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