In the case of Engle v. Eberle, the Virginia Court of Appeals, in an unpublished opinion issued on December 17, 2013, ruled that the trial court correctly granted mother's motion to strike father's motions to amend custody and visiation. In 2008, father was awarded “a minimum of 4 uninterrupted hours on 2 weekends per month.” In addition, the order stated: The parties are encouraged to gradually increase visitation as a record of consistency is shown. Father is encouraged to take whatever steps are necessary to establish proof of his continuing sobriety and the suitability of his home for overnight visitation, with a goal that the Father have such visitation when deemed appropriate by the consent of the parties or upon showing these conditions exist as a change of the present circumstances in which such have not been shown.
Father presented evidence of a reduction in his drinking. He voluntarily installed an ignition interlock device on his vehicle from November 2012 until May 2013. There were two failures on father’s vehicle during this time. Father met with a psychologist who interviewed him and performed various tests. Father informed the psychologist about his criminal history and past issues with alcohol and anger management. The psychologist concluded that father’s daily functioning is “mostly” appropriate. The psychologist further concluded that, based on his interviews with father, the child would not be at risk in father’s care. Father testified that he occasionally consumed alcohol over the past few years. He explained that the failures with the interlock system on May 5, 2013 occurred after he shared a bottle of wine with his fiancée and tried to move his vehicle in the driveway. He admittedly had not enrolled in any kind of program for alcoholics, such as AA, nor did he have a sponsor.
Mother's motions to strike were granted because father’s evidence established that he continued to consume alcohol as recently as May 5, 2013, when the breathalyzer on his vehicle registered at 0.065.
Based on the evidence, the trial court held that father had not sufficiently addressed his alcohol
problem and that decision was upheld.
-Rob Hagy, Charlottesville Divorce Lawyer. For help with your custody and visitation questions, please contact me at (434)293-4562 or email me at rob@robhagylaw.com.