Vassar, MI asked in Family Law and Child Custody for Michigan

Q: A friend that is supposed to get to see his son every other weekend and she won’t let him due to drinking can she?

He is seeking help for alcoholism she won’t even let them talk on the phone

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Too many unstated factors here....and it comes down to a bit of common sense. Is he drunk or hung over when his parenting time is to start? If so, I doubt any judge would think it's appropriate for a parent to exercise parenting time while intoxicated. If he is known to drink to the point of intoxication while the child is in his care, that can also be problematic. Of course, if mother is assuming all this, that's a whole other matter.

Telephone calls are, again, another matter. Each parent should allow a child to have reasonable contact with the other parent even outside of "parenting time" hours. That said, I don't think a judge would fault a parent for not letting a child chat with a drunk or worse a belligerent adult.

It sounds like your friend still struggles with alcohol. Perhaps the best use for his energy at this time is to work on that, which will in term lead to a more fruitful relationship with his son down the road.

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