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Denver, CO 80206

Does Alcohol Consumption Affect Visitation Rights?

My brother left his wife after 11 years together and 6 years of marriage. He took care of the children at night while she worked. My brother likes to drink occasionally and now she is trying to get where he has to go to rehab and have supervised visitation. He does not drink when he is with the kids. He is not asking to take them overnight just to see them on the weekends. Can she do this? Can she make it court ordered for him to do this in order to see the kids?

It depends on what facts are presented to the judge, if a child custody evaluator has been appointed, and what the child custody evaluator recommends after investigating the allegations. If the court determines that the allegations are true and that the children are not safe around your brother, the Judge can order supervised visits, and alcohol treatment if necessary.