can i ask for the father of my children to be ordered to go into rehab if he wants to see our children?


he has a prescription drug problem and im in the process of leaving but knowing him he will go after me but i dont even want him to have visitation until he gets help. can i have him ordered by the judge to go to rehab?

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  1. #1 by Royalhinney on February 7, 2010 - 4:12 am

    He can’t be ordered to go into rehab, but he can be limited to supervised visitation with the kids if you have enough proof to show a judge that he’s got a drug problem.

  2. #2 by Belinda28 on February 7, 2010 - 4:25 am

    You can request it but the judge has to approve. I have known some people that had to take weekly drug tests as a condition of visitation in their divorce.

  3. #3 by jimrich on February 7, 2010 - 4:32 am

    FOR THE SAKE OF YOUR KIDS……..
    Do whatever it takes to protect your children from unhealthy influences that can damage them in their early years.
    IMO, ordering someone to get help never works. They have to want very badly to be helped.
    I’d wait til you can see extremely obvious signs that he is healthy enough to be around the kids before letting him near them.

  4. #4 by thatartistwin on February 7, 2010 - 5:19 am

    You would first have to prove the problem. He will probably deny it. In addition, if he has prescription drugs in his system (even if he is ordered to testing) if the prescription was written to him you don’t have much to go on.

  5. #5 by rrm38 on February 7, 2010 - 5:50 am

    The only way he will likely be ordered into rehab is if he gets into legal trouble as a result of his drug abuse. He might not be ordered into rehab even then if he can prove that he has legally obtained the prescription drugs. Your best bet is to go for supervised visitation. If you can prove that he has a drug addiction and that it poses a risk for your children you can push for it. This way you could at least be sure someone else will be present when he visits and keep him from driving with them.

  6. #6 by Bob on February 7, 2010 - 6:48 am

    You can tell your case to a judge, and tell will piss test him. If he tests positive they may require him to take a piss test in order to see the children, or may send him to rehab. Talk to your attorney about the matter and see what he says.

  7. #7 by sandraoho1907 on February 7, 2010 - 7:06 am

    You can ask the judge to put whatever restrictions you wish into your Order, but that doesn’t mean you’re going to get them.

    When you file, you can request a Temporary Restraining Order that limits his access to you and the children until a hearing can be held. You will need real, tangible proof of his addiction. That proof could include:
    - arrest records and police reports
    - employment records
    - written letters of concern and testimony of others who have seen dramatic changes in your husband’s behaviors
    - copies of all prescriptions filled under insurance, plus photographic evidence and journals of other pills he’s taking.

    Unless your husband has become irrational and unstable due to the drug addiction, the judge is not likely to order him to rehab. You need a very good attorney who can draft custom language for you that allows you the best opportunity to protect your children from this in the future.

  8. #8 by ♪Msz. Nena♫ on February 7, 2010 - 7:53 am

    No, because he’s an adult you can’t have him ordered to go to rehab. However, if you do leave and go to court, you can probably get full custody if you can prove that he’s involve with drugs. It’s not a safe environment for your children to be around someone with an addiction so you should make that known.

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