Legal Question in Family Law in Michigan

Child Endangerment

Included in the judgement for divorce order was for my ex husband to abstain from alcohol 24 hours prior to and during his exercising of parenting time and that I provide alcohol strips for him to do at the beginning and end of each overnight visit. At this time(2001), the only thing available was saliva strips. I did this for a year, and I thought he would be able to continue abstaining on his own (every other weekend) so I stopped testing. However, my daughter has since told me he hasn't, and I confronted him, was told by him he would stop- which I of course don't believe. Can I legally administer the urine test for ethanol at the end of the visits? Or do I need to retain a lawyer to amend the order? In the order it just says ''alcohol testing strips'' not saliva or urine specific. And if so, if they come back positive, what is my next course of action? Or what if he refuses, is that considered ''dirty'' then? She was appointed her own attorney during the divorce, do I contact her or the courts? He was also on supervised visits for awhile in 2000 so I am assuming this would be considered. Thank you for taking the time to read this.


Asked on 2/04/08, 9:53 am

1 Answer from Attorneys
Keri Burnstein Keri Burnstein, P.C.

Re: Child Endangerment

Your questions are rather complicated. Without reading the judgment and just going by what you say it seems that either type of testing strip would be fine. As to what to do next, I would recommend speaking to a family law attorney. You have the right to file a Motion with the Friend of the Court without an attorney but I would recognize using one.

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Answered on 2/04/08, 6:36 pm


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