The basic question is this: in what way does a parent's arrest on a child endangerment charge related to illegal drugs affect visitation rights?

The situation: I am the father of a teenage child. My ex-wife, the child's mother, lives in another state. Before the child started school I was awarded custody as the main custodial parent. The child has lived with me and my second wife and our children since age 5. Before that the child spent about an equal time split between the mother and me.

The custody agreement states that the child lives with me during the school year and visits the mother for part of the school summer vacation (several weeks) and alternating periods during holidays.

We have followed this agreement for the past 10 years.

The ex-wife remarried and divorced and remarried again. She has had an on-again/off-again drug problem for many years. But she has been able to work in a professional field and has earned a professional degree. She has one child by her second husband and another child by her current husband.

Recently, the ex-wife got into some legal trouble. She was arrested on a charge of child endangerment. The charge concerns her youngest child, who is an enfant. The ex-wife was charged with this crime after her current husband called the police during a domestic dispute. He insisted that the enfant child (of which he is the father) be taken to the hospital for a drug test. The test showed evidence of crack cocaine in the child's blood. The mother (my ex-wife) admitted to smoking crack in the presence of the child. She had traveled with the child from the town where she lives to a nearby city in order to obtain the crack cocaine. Evidently she took the young child with her on this errand and smoked the crack in the car while parked at a rest area on the highway. She sought to hide this activity from her husband. I suspect they may have had this problem and argument before the time she was arrested.

The ex-wife is currently in a rehab program. She had to post bail and will appear in court on the child endangerment charge before the summer holidays. My teenage child would normally go to visit her during that time.

The child loves the mother very much, and vice-versa. But a drug problem is a serious thing.

Question: Assuming the ex-wife is not in jail, should I allow my daughter to visit her mother over the holidays? Should I say No Way? Should I pursue a legal change in custoday and visitation rights? Any other thoughts?

Thanks very much

[edited by: Garden_Variety at 10:11 pm (utc) on Feb. 4, 2008]