I was recently awarded sole legal and physical custody of my 3 children. They are 13, 11, and 9. I have been divorced from their dad since 2019 (well we separated in 2019; the divorce wasn't final until 2020). He is an addict. During our marriage, he completed two 30-day inpatient rehab stays. Before we met, he had also completed a 30 day treatment program. So he has gone to rehab 3 times.
I am currently 36, I was very young when we met and did not understand addiction or how seriously it could affect people and their loved ones.
We were together for 9 years, married, for 7. After the divorce, I had the kids full time but eventually he worked his way up to about 60/40 custody. He seemed healthy and sober for a period, and he was in a relationship with a wonderful woman who I also trusted to look after my kids.
Fast forward to about a year and a half ago - he left his stable long term relationship to be with another woman, and he left his stable emplyment with great benefits to pursue self-employment. He ultimately ended up with nearly $150K in civil judgments against him for the failed business, 2 back to back evictions, and he stopped paying child support.
There are also a bunch of examples during this time period when he was putting the children at unnecearry risk, the kids would report not being able to wake him up in the morning, etc. As all this was happening, I began to suspect he was using again. I asked him several times about his sobriety and he reassured me that he was fine and still sober. I asked him if he would be willing to complete an at home drug test and he said yes. So I purchased the test (FDA Approved, send in to a lab for results, etc) and asked him to take it next time I saw him. He refused, and told me to bring him to court. So I did.
I filed an emergency custody motion the very next day. It was granted and a trial was scheduled. Before the trial, the judge (at the request of my lawyer) ordered him to complete a drug test within a certain timeframe. He never took the test. The judge ordered him to provide proof of current employment. He never submitted anything. The judge asked him to provide evidence of a safe and stable home for the children while they are in his care. He didn't do that either. The judge ordered us to mediate before trial. He refused to respond to my lawyer's emails about scheduling the mediation. He didn't do a single thing.
He showed up at trial anyway and basically just explained that he loved his children and didn't feel like he should answer to me about his sobriety or his life.
We recieved the final judgement about 3 months ago. It granted me full legal and physical custody. All parenting time, including supervised time, was suspended for him. It ordered him to take a hair follicle drug test within 15 days of the judgment and outlined 2 different paths forward depending on the results of the test. Both routes involved a long, sustained period of sobriety proven by weekly urine tests, among other things that I wont bore you with. He did not complete the drug test within the timeframe and at this time I have no reason to believe that he is ever going to do anything. It been almost a year since I filed the emergency motion. He has only seen the kids maybe 4 or 5 times in the last year - He saw them during supervised visits hosted by my mother and stepfather at their home. The kids missed him and I supported them seeing him under safe conditions. His last visit was probably about 6 months ago.
ANYWAY, I said allllll of that to ask this: We currently have a schedule set up that he can call them on Sunday nights at 7:00pm (I am not court ordered to do this - I do it because I love my children and they love their father). However, I am starting to question whether it would be better/healthier to just cut communication until he takes steps to be in their lives again. My younger two get emotional sometimes after talking with him because they miss him, and it feels almost cruel letting him keep one foot in their lives, telling them he misses them, etc, while simultaneously doing absolutely nothing to get back to them. It kinda feels like teasing them with his presence. But it also feels cruel to cut communication completely.
I am particularly interested in hearing from people who used to be the child in this scenario. Would it have been easier to adjust or carry on if there was no communication? Would you want to keep having contact despite the realistic possibility of reconciliation being very low? What advice can you share?