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This blog is written to address what steps you should take if you are divorced or separated from the other parent of your child and there is an incident at the other parent's house that involves alcohol during their parenting time.  I have been practicing family law in Michigan for over thirty years and this is an issue that unfortunately crops up from time-to-time in post-divorce situations.  This blog very generally addresses this situation and the steps you should take to try to protect your child from further such incidents.  If you have questions regarding your own situation, please do not hesitate to schedule a consultation by clicking on this link or calling (248) 608-4123.

What Steps You Should Take If There Has Been An Incident At The Other Parent's House Involving Alcohol During Their Parenting Time.

The two most common ways that such incidents come to the attention of a parent are one, through self-reporting by the children or the other parent and two, police reports or CPS contact due to a police report resulting from an incident where a minor child was present at the time in the household.  If an incident, altercation, fight, disturbance or anything else occurs at the other parent's house during their parenting time that causes the police to come to the home, or wherever it occurs, and the minor child is present, then the police will report it to Children's Protective Services (CPS) and CPS will investigate.  During the investigation, both parents will be contacted regarding the case and interviewed by the case worker.  

If this occurs, the first thing to do is to contact the other parent and ask them to explain what happened.  Then there should be a discussion regarding whether going to a rehabilitation center or other counseling is necessary depending on the severity of the event and the chance of recurrence.  You should also demand that for at least some period of time there be no alcohol in the other parent's home and no alcohol should be consumed prior to the parenting time or during the parenting time.  You may also have to discuss removing guns or other weapons from the home for the safety of the children.

If you cannot get an agreement, then you will have to file a motion with the court.  In the motion you should state the facts as to what happened, explain why that is a problem and what you want the judge to do for you.  This includes restrictions such as not having alcohol in the house, no consumption of alcohol during parenting time, use of a breathalyzer before and at the end of parenting time, going to rehabilitation or counseling, restricting the presence of certain people and other relief including modifying or suspending parenting tie depending on what is required to protect the children.  The judge has broad discretion and power to enter restrictions on the parenting time of either parent for the safety of the children and they are typically willing to help you in these situations.  If modification or suspension of parenting time becomes necessary due to the severity and recurrence of incidents then an evidentiary hearing will be required.

Again this blog is written very generally about how to address an incident involving alcohol that occurs at the other parent's home during their parenting time in a post-divorce situation.  Every case and each fact pattern is different, if you have questions, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.