Under The Influence and Visitation Don’t Mix

A question often arises when a non-custodial party arrives for his scheduled visitation and is visibly intoxicated.  Does the custodial party have to allow the visitation?  Can he or she refuse to allow the child or children to leave without being in violation of the court’s order?  The situation is difficult and yet, very common.  There are a few suggestions, all or none of them may apply to a particular situation.

First and most obvious, you should not allow your child or children to leave with an intoxicated party.  I don’t care what the event or circumstance.  If you feel that your child or children will be in danger, act accordingly in their best interest.

Second, you can petition the court for supervised visitation.  This will prevent an intoxicated party from having the power to leave with the child or children.  The order can even provide for no visitation if there are signs of intoxication on the part of the non-custodial party.

Third, you can refuse the visitation and wait for the non-custodial party to bring a motion before the court.  In this instance, be prepared with documented evidence as to why you did not allow the visitation to occur.

Most importantly, look out for the best interest of the minor child or children.  Avoid putting the child or children in harms way.  The court will likely credit you and not condemn you for such actions. 

See Also:

Family Visitation 

Reasonable Visitation too Vague For Most Judges

Supervised Visitation

Stepparents Rights of Visitation