In June, my husband was charged with two felony counts of risk of injury to a minor in the state of CT. He has substance abuse issues with alcohol and marijuana (these are the substances that I know of) and his rock bottom moment was leaving our twin 3 year old children at home unattended. I came home to find them unattended and called the police. He was arrested and charged with two felony counts of risk of injury (I believe it is class C felony?). The police asked me to give a written statement. As a matter of procedure, the police called DCF who did their own investigation
and determined they would uphold what was in the police report
. They determined that my husband was guilty of physical neglect and closed their case. However, the court
case for the felonies is ongoing.
My husband retained an attorney who advised him to enroll in a 1-day parenting class and to get into an outpatient rehab program. For the first time in his life, he did these things but only to look good for the judge. His attorney also told him to ask me for a letter stating he's learned his lesson and will never do anything like this again, etc. I declined to write it. Reason being: it would not be true and it undermines my ability to protect my children in seeking full custody.
Since his arrest, my husband actually went missing for 24 hours. The only time he sees the kids is in the mornings to take them to pre-school. I assess him to make sure he is sober before I will let him take them anywhere. (He tends to use substances in the afternoons or evenings.) He didn't show up one morning and I had to rearrange my work day to drop them off (I also pick them up). I called hospitals, police depts, and contacted his family to try to find him. I was inches away from reporting him missing to the police when he texted me to say he was OK and that he was out drinking all night. He has also gotten drunk and high on other occasions and one time that I know of, he drank so much he stayed at a hotel on a work night. He has been to court twice since the arrest. The first was to plead "not guilty" and the second was this month for Pre-trial
where he applied for Accelerated Rehabilitation. His next court date is later this month. I called the court before pre-trial to try to speak with the prosecutor but they told me none had been selected yet and referred me back to the detective. The detective suggested I fax him a written statement saying what I want to see happen.
Basically, I don't want to see him go to jail or lose his job. But, I DO want him to have a permanent record of what he did. He's had DUI's in his past and they're spaced just far enough apart that he isn't being held truly accountable for them. He simply hires an attorney who gets the charges dropped down or dismissed. What should I tell the detective so that these felony charges are not dropped? I want him to have a record because I think he needs to finally face the consequences of his actions. If he doesn't, he will go on abusing substances until he either kills himself, the kids, or some innocent person. I also intend to seek full custody with him having supervised visitation. Neither one of us has filed for divorce yet. What are my chances at getting full custody? I've heard it's tough to get but I have to imagine that with his "rap sheet" his lifestyle, I should have a strong case. What are my odds?