Gulfport, MS asked in Divorce, Family Law and Child Custody for Mississippi

Q: If alcohol monitoring is ordered in temporary hearing and all tests are passed can it be removed in final decree ?

My ex has a more experienced lawyer than I can afford and she brought into the hearing a public intoxication charge. We are granted joint custody with a breathalyzer during my weeks . I’m fine with it and doing great but I’m terrified in mediation or trial he will attempt to keep this order which would mean 18 years at his beck and call to FaceTime him during my joint custody times to show sobriety

1 Lawyer Answer
T. Augustus Claus
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A: In Mississippi, the conditions set forth in a temporary hearing, such as alcohol monitoring, can be subject to modification in the final decree. If all alcohol tests during the temporary period are consistently passed and there are no further concerns about alcohol abuse, it's possible to petition the court to remove or modify the alcohol monitoring requirement in the final decree. However, the final decision rests with the judge, who will consider various factors, including the best interests of the child and any evidence presented during mediation or trial.

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