Former Philadelphia 76er Allen Iverson’s divorce has been finalized. The resolution came after the second divorce filing by Iverson’s wife, the first having been filed 15 months prior and then withdrawn according to TMZ.
Standing a mere 6 feet (relatively speaking, of course) Iverson was the number one draft pick of the NBA’s Philadelphia 76ers in 1996. He went on to be named NBA Rookie of the Year for the 1996-1997 basketball season. He continued his career with eleven NBA All-Star nods, and won the All-Star MVP award in 2001. Iverson is father to five children.
According to LA Times.com, in the divorce decree the judge awarded Iverson’s wife legal and physical custody of the parties’ five children. In doing so, the court did not have kind words to say about Iverson. According to the article, the court stated about Iverson: “he does not know how to manage the children; has little interest in learning to manage the children and has actually, at times, been a hindrance to their spiritual and emotional growth and development.”
Iverson will have some visitation with his children, provided he complies with certain conditions imposed by the court. Notably, one condition is that he is not allowed to consume any alcohol for the next 18 months, nor consume alcohol within 24 hours of visiting with his children and, logically, during the visits. Reportedly, he is also required to obtain therapy and attend AA for the next year. According to the LA Times article, the divorce decree states that Iverson has “an obvious and serious alcohol problem, which has caused him to do inappropriate things in the presence of the children while impaired”, things such as, the article reports, leaving the children unsupervised.
While Iverson’s divorce is in Atlanta, Georgia, here in San Diego, divorcing parents are similarly faced with issues of alcohol abuse and its implications on custody and visitation issues in the San Diego Superior Court. To address such issues, the California Family Code includes specific provisions.
Prior to making an order for joint physical custody, which means that each of the parents will have significant periods of physical custody, the San Diego family court is required to consider the habitual use of drugs or alcohol by one or both of the parents. Specifically, Family Code §3011 provides: “In making a determination of the best interest of the child in a proceeding…the court shall, among any other factors it finds relevant, consider all of the following: (d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent…”
What happens in the case where one parent alleges habitual or continual use of alcohol by the other parent, but the parent facing those allegations denies them? Family Code section 3011 continues: “Before considering these allegations, the court may first require independent corroboration, including, but not limited to written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services…”
In some cases, there may be a document which can easily corroborate the allegations; in others, it may be a bit more difficult. If it can otherwise be shown by a preponderance of the evidence that there is habitual or continual abuse of alcohol by a parent, a judge may order that parent to undergo testing for the use of alcohol. If such testing is ordered, it must be done by the least intrusive means. Further, the parent against whom the allegations are made (and thus who is ordered to submit to the test) has a right to a hearing to challenge the results. A positive test cannot alone be the determinative factor in a custody and visitation ruling; the court is still required to balance all factors to determine the best interests of the children.
Contact Bickford Blado & Botros whether you are contemplating a legal separation from your spouse, are curious about mediation, or would like to modify your child custody orders. Don’t settle for less when determining your rights. Nancy J. Bickford, Esq., is the only divorce lawyer in San Diego county representing clients, who is also a Certified Family Law Specialist (CFLS), and is actively licensed as a Certified Public Accountant (CPA). Call today at (858) 793-8884 or visit www.BickfordLaw.com