Florida public policy states that a child should have “frequent and continuing contact with both parents” if it is in the child’s best interest. When a parent has an alcohol addiction, one key issue in divorce is whether the parties or the court can create a parenting plan that would allow a child to safely spend time with that parent, but only if it would be in their best interests.
Broadly, Florida statute provides that to determine a child’s best interests, anything “affecting their welfare and interests” should be evaluated, including several factors in a long list. One of them is the “demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.”
It is well known how damaging it can be for a child to have a parent whose addiction is out of control. Such a child could have problems in childhood and into adulthood with trust, self-esteem, fear, isolation, perfectionism and other emotional issues. When safety measures are ignored, they may be at higher risk of addiction themselves.
Alcohol and other addictions are tough to overcome. As explained by NBC News, changes in the brain cause ongoing cravings, so the problem is not just behavioral but also biological. But in serious cases, the addicted parent is going to have to directly address the problem to be able to spend normal family time with their children.
Florida parenting plan: The basics
A parenting plan is a detailed document that outlines the parents’ decision-making and care responsibilities, as well as their individual schedules with their child. The Florida Supreme Court has approved forms that can help guide parents in creating a collaborative parenting time plan of their own.
However, if the parents cannot agree on the terms of their document, one of them may submit a proposed plan of their own for court approval. In this situation, the court will either adopt the proposed document or create a new one.
When alcohol is involved: Supervised parenting plan
When one parent has an alcohol problem, they may use the state’s “supervised/safety-focused parenting plan” form instead of the “standard parenting time” form. They can also modify the form or add their own terms.
This specific form includes options that impact child safety, including:
- The alcoholic parent may be given no physical or electronic contact with the child
- Visitation with the alcoholic parent may only be under supervision of a third party
- Visitation may also include restrictions such as no overnights
- Child transportation in a vehicle may be restricted
- Any attendance at the child’s activities can be off the table or if allowed, the alcoholic parent may be required to stay away from the other parent and the child
- Restrictions could be put on guns and on physical discipline
- The alcoholic parent may be required not to drink alcohol for 24 hours before child contact up until the time when the child is returned to the other parent
Since each family’s circumstances is unique, there may also be additional provisions on the plan which aims to protect the child’s safety and emotional well-being while being with their alcoholic parent.
When your child’s welfare is on the line
If your alcoholic ex is not complying with the court-approved parenting plan, you need to speak with a skilled Florida family law attorney as soon as possible. When you discuss this matter with our firm, Law Offices of Forrest & Forrest, PLLC, our team will help you enforce your parenting plan or modify your custody order, if necessary.
Call our office today at 954-859-1715 to schedule a confidential consultation with one of our dedicated child custody lawyers.