Hey folks, Mark Scroggins with Scroggins Law Group; wanted to remind y’all when I’m answering these questions that that y’all have posed, remember that that does not create an attorney client relationship between either myself or Scroggins Law Group and anyone out there. So this is just providing some general thoughts on the questions that y’all pose. So the next question we have is what happens if someone has a drug and alcohol issue? Is that something that you can file a modification over? And additionally, what if it’s not like somebody’s gotten a DWI or something like that? So that is a great question. It’s all going to come down to what evidence do you have? Okay, so just because somebody has gone out, when they have possession of the kids, is that a basis to change something? Hell, no, it’s not a basis to change anything. If you’re going to make an allegation that somebody’s got a drug or an alcohol issue, you better make sure that you’ve got all your ducks in a row. Okay, because that’s a big allegation. And it’s something that the courts take really seriously. And it’s something that can really screw up a person’s life if you’re making unfounded allegations. So just because little Johnny comes back and says, Daddy had a beer, or Mommy had a glass of wine, is that a basis to change it? No, it’s not a basis to change it now. Is that person passed out on the couch? Did it happen once? Or does it happen virtually every night when they have possession of the kids? So it’s all going to be dictated by what the facts are of your specific position? That is our specific issue that is going on in the case. So you have to make sure that you’ve got the evidence to be able to go there now? Are there tests that can be performed? That is going to determine whether or not somebody has been binge drinking? Yeah, there is there is something that is called a PEF test. Okay, that can be ordered by the court, it only is going to go back a few weeks. So it’s something that once again, you know, that I talked about all the time, if you’re going to take some action, it needs to be right on top of the bad behavior that has been taking place. Don’t come to me a month after the fact and say, you know, I need a temporary restraining order because all of this shift has been happening. It’s like, well, when did it happen? Oh, well, it happened about six weeks ago. Well, clearly, then it’s not an emergency. Okay. If it’s something that happened on Tuesday, and you’re in my office on Wednesday, that’s something I can work with. Okay. But if it’s something that you come in, and it happened a month ago, you’ve basically given that up. Okay. That’s not always the case. But that’s generally, you know, the way it’s going to look because the court is going to look at it as if, if it wasn’t that important for you to take immediate action, why would the court be signing a temporary restraining order? So it’s really important to think about these things. So when you’re talking about somebody having a drug or alcohol issue, it’s going to be what kind of evidence do you have? Is it something that’s been happening all the time or is it generally a one off and then you need to get your ass in to talk to a lawyer, okay? And they can help you determine whether or not this is something that is going to meet the requirements of a modification.
