Pratt v. Pratt

56 So.3d 638 (2010)

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Nature of the Case

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Facts

John (H) petitioned for legal separation from W on July 2, 2008. H and W had three children. W had developed health problems following the birth of the parties' three children that caused her lethargy and other disabling symptoms, which sometimes prevented her from properly caring for the children. W used narcotic and other medications to treat those health problems. W developed a substance abuse problem. W appeared to overcome those problems after the parties separated, which allowed her to start working as a nurse and permitted her to exercise custody of the children uneventfully for a period. In December 2008, W experienced a seizure-like episode and lost consciousness late at night while at her home. H obtained custody of the children while the mother remained hospitalized. It was suspected that this may have arisen from W's medically unsupervised attempt to withdraw from all of her medications. At the time of trial, W continued to use narcotic medications prescribed by her pain-management physician. All the expert testimony recommended that, due to her unresolved health and prescription-drug-use problems, W should have supervised visitation with the children. The trial court awarded the parties joint legal custody of the children, awarded H primary physical custody of the children, and awarded W supervised visitation. W would be allowed to visit with the children no less than once every two weeks. The location and length of visits were to be at the discretion of the H and the supervising party, however, each visit should last at least two hours and should be held in as 'home-like' a setting as possible, so that the children feel comfortable.' W appealed. W contends that the trial court should have protected the children by using means other than supervised visitation that would be less intrusive on the parent-child relationship.