Soul Catcher

My fear is to file for divorce and the judge grant him unsupervised visitations. How do you prove he is an alcoholic? Everything he does he gets off scott free. He abused me four years ago but that's a long time. He hasn't lived here in four years. The wreck he got into he got off because of a loop hole so it wasn't on record as a DUI. Have any of you with children had to prove he was an alcoholic so you got supervised visitations? I live in Florida just in case you know the laws.

Soul Catcher

BUMPIN IT UP!

take2

Hey Soul! I don't know if this will help you much but I went through a process in which my soon to be exAH had supervised visitation. But mine occured because of a restraining order. During the trial for the PRO he made a real jerk of himself- showed his true colors. The RO was granted for harassment- nothing physical. He was ordered to go for a risk assessment to determine his alcoholism and anger management through the courts. He was granted supervised visits until his eval. Leave it to an A to turn it down!!! Said he would rather NOT see his kids than have someone watching him with them! Both my lawyer and his were stunned. You should have seen how fast his lawyer jumped up to convince the judge he would take the supervised visits. The judge saw right through it and said No- Look at your client- he does not want supervised so he gets nothing.

He went 2 months like that until he begged for supervised visits again. After the risk assessment I agreed to unsupervised BUT the court oder states he MUST remain sober, attend AA, go to counseling and take any medications prescribed (depression, mood swings). If he does not follow through he will lose unsupervised and he will be back to having my parents watch him with the kids!! I am sure my situation is not the norm. I think I was lucky with a good lawyer.

I don't expect this to help you much but I thought you might like to hear an experience. Good luck! I know you are trying your best to protect your children but I also know the courts are never this easy. I have a friend who's AH gets the children 1/2 the time and it is a total nightmare. I really feel for the children. I know in my state- they look out for what is best for the child- which means that the children are involved with BOTH parents. In the majority of cases both parents get time with the kids. Makes you wonder which is worse... not being around a parent or being forced to be with an unfit parent? If only the courts really understood!!!

splendra

I believe you can file a motion that he have only supervised visits. If you can get the motion thru at least the burden of proof would be on your H. I think most courts in the land are trying to do what is best for the child. I hope you will have a lawyer help you.

Does he have unsupervised visits now? If he does the judge might be likely to let him continue to have them. I think you need legal counsel though.

Good luck and God Bless.

FaithChaser

No advice for ya Soul, just saying some prayers for you...and bumping you back up. I'm sure there's a solution, google it read and get some info.

Hugs,
~FaithChaser

dreamygirl

Your AH has never been to a doctor who has verified any physical deterioration due to his alcoholism? I would figure you can subpeona medical records or even friends as witnesses who have seen him abuse alcohol.

elizabeth1979

Not sure about specific state law, but you need to bring it to the courts attention, and they have to at least look into it. You should have an attorney. Medical records are hard to subpeona anymore and an incredibly lengthy process. Your attorney will know what to do! Keep your head up

AUDRADAVID

Ok This Worked For Me- My Ex Settled For Giving Me Sole Custody In Exchange For No Alimony Or Child Support. We Made An Agrement With The Judge In Writing That I Would Have Sole Custody And I Waived My Alimony And Chose No Child Support. However- Here's The Catch- After That Agreement Went Through I Was Informed That I Can Always Go Back And Requests Child Support- Not Back Child Support- But I Could However At Any Time Request A Motion For Child Support. That Way I'd Still Have Sole Custody With A Child Support Award Attached. That Way With Sole Custody U Call The Visitation Schedule. It Worked For Me. My Husbund Was Quick To Give Me Full Custody In Exchange For No Financial Obligation- But He Also Trusted Me To Let Him See The Baby. I Know In Ct U Can File For A Motion For Child Support At Anytime, Regardless Of The Custody Situation. Call The Child Support Bureau Of Fl And Ask If At The Time Of Divorce U Don't Want Child Support, Can U At A Later Date File For Support From The Date Of File And On, Aka- No Arrerage (back Child Support Owed). Let Me Know- Best Wishes-

Soul Catcher

I would do that except my ah makes a butt load of money, I would need that. Plus he would NEVER give up custody. It's a power thing and he thinks he loves them. I am looking into a bunch of different things. I am cleaning my credit up for the big move. Thanks for replying! MUAH.