My stbx was on drugs for a couple of years. We are now going thru a divorce. Is there anyway he could get unsupervised visitaion. He has only been clean for like 6 months.

in my experience it depends on what proof you have of his drug use. if you are wanting supervised visitations you may try requesting to the judge that his first couple of months of visitation be supervised until a professional can determine whether or not there is a threat.

He went to rehab for a week and it was on our insurance for like 10,000. Also he was in a wreck and the doc said everything was in his system. Just wondering if 6 months is enough time for him to get unsupervised

He went to rehab for a week and it was on our insurance for like 10,000. Also he was in a wreck and the doc said everything was in his system. Just wondering if 6 months is enough time for him to get unsupervised

Has a temporary visitation order been issiued with the stipulation that visits are to be supervised?

If the answer is yes, only 6 months of sobriety probably isn't enough for the court to modify the temp order yet.

However, if there isn't any temp. order you'll need ALOT of evidence that he is a danger to the child before the court will order supervision. Just being in rehab once may or may not be enough proof. Were the kids with him when he wrecked? Or was anyone hurt in the wreck (assuming it was his fault)? If so, that MIGHT be good evidence, but it'll be up to the Judge.

sounds like you have a enough evidence to prove drug use, but did anything happen after rehab? He could throw the rehabilitation argument at you and say he is reformed.

For clarification, I will play the devil's advocate right now.

If he was using drugs, were you? Were you not aware of his drug use when you had a child with him? Did you allow him to be with the child when you knew he was using drugs? Will you submit to a drug test?

These are the kinds of questions any half-assed attorney will bring up in court on his behalf. (just getting you prepared)

Otherwise, get all the background information that you can on him prior to going to court. If there was rehab there is more than likely police reports and arrests and those will go a long way in proving whether or not he is fit for unsupervised time.

I never knew about the drugs and when I did I would not let him have my child at ALL. I tried to get him off of them but to no avail. Also I have never did drugs at all never smoke a cig or drank alcohol. I would submit to a drug test. Also the temporary hearing we had for our divorce states he has to have supervised visitation

I never knew about the drugs and when I did I would not let him have my child at ALL. I tried to get him off of them but to no avail. Also I have never did drugs at all never smoke a cig or drank alcohol. I would submit to a drug test. Also the temporary hearing we had for our divorce states he has to have supervised visitation

Usually the temp orders will stand until the final hearing. If he stays sober and does everything that he's supposed to it's very possible that he'll get unsupervised visitation in the final order. You need to keep an eye on things and have documentation ready when you go for final hearing.

BTW- This is a pet peeve of mine- you wrote the same thing I hear mothers say all the time- "....MY child". Please remember that he is the father and the child is not just your child it's his also.

OT - Xena, to an extent, I understand your "pet peeve".... but for some of us, it *is* "my" child.

My ex left the state after I was awarded full sole custody. He saw the children twice in 16 years. He is currently behind $63K in CS (interest puts it over $100K). He has had NOTHING to do with his children and I have raised them alone.....and then he had the cajones to show up to my son's HS graduation...(this is child #3 of 4!) All I could think was, "UH, nice of you to show up when the work has already been done!" (I said NOTHING about my feelings in the presence of the kids.)

For months after that graduation he called child #2 and #3 (both boys) regularly (both in the US Army). He never called child #1 or #4. (both girls and the oldest is also in the US Army) After 3 or 4 months, he fell off the radar again. (His cell phone is still active, my sons' leave messages but he no longer returns the calls.)

Get it.... he is NOT a father. He has been nothing more than a disruptive sperm donor.

(end of rant)

He has been nothing more than a disruptive sperm donor.

I like that quote!

I didn't catch the state this poster was from. In states like NY, alcoholics and drug adicts are considered as having a disability and the courts will try to give them chances to keep their children with normal visitation rights. If the parent uses drugs in FRONT of the child or is impaired while caring for the child, then you may be able to get supervised visitation.