High conflict, ex drug use & hospitalization - custody question(s)

Our daughter, 7F, tried to video call her dad, 37M, but didn’t get an answer. When I asked if she wanted to call her grandma, she said yes and tried, but didn’t get a response. She left her grandma a cute message though. About ten minutes later, I got a text from her saying that her dad was in the hospital. He admitted in Family Intervention Mediation about a week and a half ago that he used cocaine ‘three to four months ago’ and during that meeting, he was told he might be referred to family recovery court, and I asked if there were drug tests involved. The mediator confirmed there would be. This isn’t the first time he’s been hospitalized involuntarily; he has a history of it—once when he was in his early 20s, again during our marriage for about a month, and possibly now. I assume this recent hospitalization is behavioral health-related because he apparently can’t use his phone. A few months ago, I had surgery and he mentioned wanting to exercise his right of first refusal, but I told him no since I could handle things and she’d be fine with me. He hasn’t been getting her to school—at least 35 hours of missed school time so far. He explained in mediation that this was because ‘she wants to spend more time with him,’ which is a wild excuse and he tried to backtrack when our daughter questioned it.He didn’t pick her up from the bus stop, which is literally at his front door, and my boyfriend had to pick her up from the bus garage next door. He didn’t even call me to ask where she was for about 3.5 hours. There are so many issues and a lot of history, and I don’t want to get into every single detail right now. Currently, we have a week-on/week-off arrangement with a hearing scheduled for next week to update the temporary agreement so she can be with me every week while in school, and then have her with him every other weekend for one or two nights a week from 5 to 8. Given all this, what could my options be? Should I attempt to seek emergency custody?

It sounds like you’re dealing with a really tough situation. Given his history of drug use and hospitalization, you might have a strong case for emergency custody. The court tends to prioritize the child’s safety and well-being.

@AZRAH
That makes sense. I’m just worried about how this might play out in court.

Honestly, his lack of involvement and the missed school time play in your favor. It seems like he’s not really committed to being a parent right now.

I would definitely consult with a family law attorney before the hearing. They can help you prepare your case and gather evidence of his behavior.

It’s important to document everything, especially any missed school days and his hospitalization. This could really support your case for custody.

Camila said:
It’s important to document everything, especially any missed school days and his hospitalization. This could really support your case for custody.

I’ve been keeping notes, so I’ll make sure to bring all that info to the hearing.

If he’s using drugs and unable to care for your daughter, that could definitely be a red flag in court. You might want to request drug testing as part of your custody agreement.