Legal Question in Family Law in Georgia

My ex-husband abused drugs and alcohol, the alcohol being the worst of the problem at the end of the marriage. During our settlement, the court ordered his therapist to do weekly screens on him, 14 panel drug + synthetic marijuana + ETG (alcohol) to maintain visitation with our 3 year old... His therapist is not following up with when my ex says he is out of town and for the past 2 months has not done a single ETG (but did do the 14 panel) because he says it is a financial burden, even though alcohol was the major problem. His justification is that the ex does not know what tests he will perform, so in essence his fear of being tested should keep him sober. To avoid writing a book on this, I obviously disagree, and the court order is very clear. I am afraid of spending the money to find him in contempt of the court order because I have seen how it can turn around, i.e. the therapist could argue that he is a professional and it is unnecessary... thus changing the order rather than making him follow the original order. Is this a valid concern? How should I go about correcting this? Thank you so much.


Asked on 1/09/13, 11:48 am

1 Answer from Attorneys
Tahira Piraino Tahira P. Piraino

If you have concerns about your 3 year old being with the father, you may have to file a contempt. Hopefully the order states if he doesn't comply, he doesn't have the right to visit. If this is the case and he does not comply, you would not be in contempt for withholding visitation. On the other hand, if he is not in compliance and you allow visitation and there should be an issue with your child, there could be repercussions against you. I am saying this without reading the order and for this reason, my strong advice is to have your attorney review the provision with you and advise you how to proceed.

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Answered on 1/13/13, 6:59 am


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