How Sober Do You Have to Be to Exercise Parenting Time?

Anyone who has tried to get sober and stay sober or help a family member stay away from alcohol or drugs has a vast vocabulary of proverbs from the addiction recovery subculture.  “Love conquers all, but it doesn’t conquer addiction” is one that counselors often tell the spouses of people torn between their promise to be there for their spouse regardless of what happens, including their spouse’s addiction, and protecting themselves and their children from the physical danger and constant psychological uncertainty that their spouse’s addiction brings to the family.  People who have quit drinking alcohol after it ruined their marriages can tell you that, even though they have not drunk a drop of alcohol in years, they can never be sure that the addiction is gone forever.  Meanwhile, all parents have the right to a relationship with their minor children; the court can only take that right away if the parent gravely harms or endangers the child.  Therefore, your drinking problem does not deprive you of your right to parenting time, although the specifics of your parenting time vary from one case to another, and the court will take your spouse’s concerns seriously about risks to your children’s safety resulting from your drinking.  A Boca Raton child custody lawyer can help you if alcohol addiction contributed to your divorce and is now complicating your co-parenting relationship.

Wishful Thinking Is the Enemy of Addiction Recovery

No matter why your relationship with your spouse fell apart, it is your decision how you and your spouse divide your parenting time; the court only intervenes if the parents are unable to finalize a parenting plan during mediation or if a conflict arises after the judge signs the parenting plan the parents have drafted into a court order.  Several years ago, a Florida couple divorced, due in no small measure to the wife’s drinking problem.  The parties agreed to divide their parenting time 50/50; their parenting plan indicated that the wife must abstain from alcohol starting 12 hours before her parenting time begins and lasting until she returns the children to the husband for his parenting time.  It indicated that she must buy a self-administered breathalyzer device called SoberLink and undergo random breathalyzer testing administered by a professional.  It indicated that, if she failed to comply with these requirements, the husband would petition the court to change the wife’s parenting time to supervised.

Several months went by, and although the parties followed the time sharing provisions of the parenting plan, the wife did not buy the SoberLink device or undergo breathalyzer testing.  She claimed that she abstained from alcohol during her parenting time, but these claims were not possible to prove.  Therefore, the husband petitioned the court to change the wife’s parenting time to supervised, which it did, characterizing the wife’s actions as “defiance” of the parenting plan.

Contact Schwartz | White About Resolving Co-Parenting Disputes

A South Florida family law attorney can provide legal representation in your co-parenting dispute if your ex-spouse is not complying with the parenting plan.  Contact Schwartz | White in Boca Raton, Florida about your case.

Source:

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