Divorce Support Forums: Drug addiction and visitaion

I have been seperated from my STBX since July of 2006. He has been an active [censored] addict/drinker since I have been with him. We have a 3 year old son together, he hardly ever sees him and when he does call to get him, he never follows through with picking him up. Last night, he sent his grandmother to get him because of a "flat tire". Well, come to find out around 10pm, he never showed up to get him. So I went to his grandmothers house and got him at 2 am this morning. My STBX was high as a kite, I have documenting all of this for the past 6 months. My question is, Do I have the legal right to keep my son from him while he is in the active state of drug use? He also hasn't been financially helpful either. I have filed for bankuptcy, sold our house and moved on with my life. We were going to do an uncontested divorce because that is all we could afford, but I am almost willing to go to court because I know that with his history, I could get supervised visitation. How smart would this be? Really need some help here. Thank you.
Jessica

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