Nature of the Case
To access this section all you need to do is click here and register.
Facts
H and W's divorce decree provided that H was not to consume drugs or alcohol at any time during visitation period. W was entitled to deny H visitation with either child if W suspected that he was under the influence of drugs or alcohol. At the time the decree was entered, H had completed treatment and demonstrated a desire to be drug and alcohol-free. By H's own admission, he was again drinking alcohol, and he drank alcohol at a time when his son was visiting. W filed a motion to modify visitation, contending that material changes in circumstances had occurred. W alleged that H tested positive for THC on August 19, 2008, and that H submitted himself to drug and alcohol tests in conjunction with the medical review board's suspension of his medical license and, although W requested copies of the tests from H, H refused to furnish the results to her. H denied that his medical license was suspended or that it was suspended due to drug and alcohol use, denied that he consumed alcohol while the minor children were present, and denied that he was attempting to avoid a visitation exchange with W when he allowed his son to ride with friends. At a hearing, Julia Marable testified that she and H consumed alcohol together the same day H returned from treatment. She further testified that, over the next three weeks, she saw H every day, and they drank alcohol every day. Marable stated that at times during the three weeks they spent together, H used marijuana. The circuit court found that a material change in circumstances existed and restricted H's visitation rights. H appealed. H contends that the circuit court's order modifying visitation must be reversed because the circuit court altered visitation as a sanction for his violation of the decree with no consideration whatsoever of changed circumstances and the best interests of the children.
Support@ bsmsphd.com
Casebriefs Co