Father is unbearable

[Mepisces2003]

I currently have a court order in place that has two specific stipulations; one is that my daughters father can have visitations 2 weekends a month and two, that if either of the parents have a visitation and the other parent is available to be the "babysitter" then that parent is to be used over a third party. Recently, to complicate things, my ex has taken a night job, and now he is saying that my 4 year old daughter will be left alone at nights on his weekends for visitations with his current gf. I am absolutely opposed to this because if he can't watch her for his visitations I should have her, and his gf is a smoker, my daughter has sever asthma, she has let my daughter ride in the car without a car set and she frequently leave my daughter alone in the trailer with her two other children so she can take smoke breaks.
Do I have the right to have her over night?

And secondly, every time my ex gets mad he has these obnoxious outbursts and keeps yelling "we'll let the courts decide that" in front of my daughter. Is there anything I can do to stop this?

Please help! Im at my wits end!

 

[Duranie]

If you have first right of refusal, then he should be giving the child over to you when he works, BUT this can be interpreted differently by the courts. He has to have a job and the courts may find that he is entitled to work and have his girlfriend babysit. Now the smoking part is a health issue, you migth have something there. You should check with an attorney.