Dear BusyMom:
Greetings. Yes, I think that you could seek restrictions to the visitation based on this information. You may also want to hire a private investigator to watch your husband during visitations to see if you can substantiate the fact that he is drinking during visits.
Yes, the court can order a psychiatric evaluation on him and order him to attend alcohol treatment. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I have sole custody, ex has visitation - every other weekend, some holidays, three non-consecutive weeks in summer (in 4 years has taken one week). His utilization of visitation has been sporadic until about 3 months ago - recently he has taken every other weekend.
During our marriage he was verbally abusive and physically threatening, was convicted of assault on a female. Did not complete court-ordered counseling, which included parenting classes at SafeChild. Continues to be verbally abusive in our telephone interactions related to visitation.
He lives with his parents - does not maintain a residence on his own. Does not have a valid drivers license. His relationship with his parents is stormy - at one point they had a restraining order to keep him away from their home, although they allowed it to expire and allowed him to move back in.
He continues to demonstrate anger management problems and abuses alcohol. I believe he sometimes drinks during visitation. I know he says very negative things about me to my son. His parenting skills eem to be almost nonexistent. He is in arrears on child support (I have sought payment through child support enforcement - his wages are garnished if he is working).
Is this enough to successfully seek restrictions on visitation including supervised visitation only? What kind of evidence would I need to collect? Can the courts order a psychiatric evaluation on him? Order him into alcohol treatment?
Thanks!