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Pratt v. Pratt | 56 So. 3d 638 (2010)
Does a parent with physical custody of the children have any say over the noncustodial parent’s visitation? While that would seem reasonable, it also seems prone to abuse, especially with emotional stakes running high after a divorce. The Pratt versus Pratt case examines some of the boundaries drawn in such matters.
Susanne and John Pratt were married with three children. During their marriage, Susanne had developed some health issues, for which she took narcotics and ultimately developed a substance abuse problem.
After the couple separated, Susanne had some success overcoming her issues. She even began work as a nurse. However, she was later hospitalized for a seizure like episode that rendered her unconscious while home with the kids. The treating doctors, who suspected the episode was caused by Susanne’s unsupervised withdrawal from medications, recommended she stop using narcotics.
John filed for divorce, and at the time of trial, Susanne had resumed taking prescription narcotics. In its judgment, the trial court awarded both parents joint legal custody of the kids and primary physical custody to John. Because of her prescription medication and unresolved health problems, the court awarded Susanne supervised visits no less than every two weeks for at least two hours each, in a home like setting. The court further ordered that length and location of the visits was at the discretion of John and the supervising parties. Susanne appealed, challenging the requirement that her visits be supervised and the level of discretion granted to John regarding visitation.
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