Legal Question in Family Law in Texas

Grounds for Supervised Visitation

My STBX is a functioning Alcoholic. I am hoping to be able to get Supervised Visitation for that reason. He has only been 'caught' drinking and driving once (1983) and received deferred judification for that. Because I fear for our daughters safety because he drinks and drives (she just turned 3 in July). I have caught him allowing her to drink his beer. What 'proof' would I need to attempt at getting Supervised Visitation. The only people that would be willing to testify regarding his drinking habit would be my father, my 2 teenagers (16 & 17) and my sister. While on a drunken rage one night, he had a run in w/ my then 15 yr old son. Slammed him against the wall. We left that night to stay at my fathers house. Sons father took him to ER and results were Concussion. Police report was made, but nothing ever came of it.


Asked on 8/04/01, 4:41 pm

1 Answer from Attorneys
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Grounds for Supervised Visitation

As with anything involving children, the court will look at what's in the best interest of the child. Since you would be the petitioner for modification of supervision, you have the burden of proof. Presenting yoour witnesses and whatever documentation that is relevant would determine how the court makes its ruling. Of course, the father would be trying to counter everything you assert. It's like any other court case -- it's a battle of evidence.

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Answered on 8/07/01, 8:25 am


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