For most any parent, the best interest of their child is paramount in their mind. This concern can take on a whole other level of intensity if your child’s other parent is experiencing problems with alcohol or drug abuse. If your ex is having difficulty with drinking or drugs and you think that it is impacting her/his parenting of your child, you have options in Florida. These options may include, among other things, suspended timesharing, supervised visitation or substance use monitoring. The key is to make sure that your have amassed the evidence you need and then develop the sort legal arguments required to obtain the modification that will help your family. To make sure you have a persuasive case for modification, be sure to consult an experienced Miami family law attorney.
An example of this type of scenario was the recent case of two Miami-Dade parents, J.N.R. and T.R. Originally, as part of the divorce, the mother, J.N.R., had received unsupervised visitation with the couple’s four-year-old daughter. However, the mother allegedly had ongoing problems with drug and alcohol use. Based on that alleged problem, the father went back to court and obtained what’s called a “post-judgment order.” That order from the judge said that the mother’s unsupervised visitation was suspended. The judge also ordered the mother to undergo substance abuse evaluation and treatment, as well as to obtain and wear an ankle monitoring device that electronically reported if the mother used alcohol. The judge ordered that the mother pay for all of this on her own.
The mother appealed that order, arguing that the trial judge made legal errors both in suspending unsupervised visitation and making her pay for the substance treatment and monitoring expenses.