Parenting & Time-Sharing §61.13(3) Part 8 of 19 | Divorce Attorney Fort Myers/Naples

(g) The mental and physical health of the parents. 

  1. If there is some evidence of poor mental health – e.g., manic depressive disease, drug or alcohol abuse, etc., – a psychological evaluation or alcohol or drug abuse evaluation and recommendation may be called for. In cases where one party is claiming the other party abuses alcohol or drugs, if that party was serious about wanting to carry out this state’s public policy, that the children should have a relationship with both parents and that parents should jointly raise their children, he or she should be asking the court for an evaluation of the other party and ordering the other party to drug or alcohol counseling and rehabilitation and offering to help pay for it.

The public policy is that the children should have contact with both parents. Therefore, having identified the problem, what does the accusing parent propose should be done to remedy the problem so that the children grow up with two parents, if the accusing parent is sincere about wanting to promote the best interests of the children? Proposing nothing may mean the accusing parent is unwilling and cannot facilitate and promote a relationship between the other parent and the children, which is relevant to factors (1) and (10).

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