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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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Hello, I have been married for almost 12 years to a man who

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Hello, I have been married for almost 12 years to a man who is an alcoholic. It was always an issue, but even more so after our son was born in 2008.

This evening, I went to a movie with girlfriends and was gone for 5 hours. When I returned home my husband was extremely drunk while "watching" our 2 year old son. He had drank a 30 pack of Budweiser beer. He drinks every night, not to the extent of getting drunk and has never had a dui or dwi, so I know it would be my word against his that he drinks too much. He also refuses to get counseling because he thinks nothing is wrong.

Do I have any rights regarding custody if I choose to seperate or divorce this man? This is the 2nd time he has gotten intoxicated while being in charge of our son while I was out. I cannot feel comfortable leaving my son with him unsupervised now, not after this 2nd incident.

Thank-you in advance.
Hello there:

You would have custody rights no matter what; furthermore, everything that you have said would have a very significant impact on exactly what those custody rights would be. The common problem in cases like this is evidence. In short, you need witnesses or other supporting evidence so that it is not your word against his.

I hope that this helps.
Customer: replied 6 years ago.

Thanks for the quick response.

What other types of evidence would/could I get? I don't want to involve our friends in this and since he's never been arrested, etc., I'm not sure where to go. Can I file a report with the police or will they just blow it off? I'm really at a loss and don't know where to go from here.


I sincerely XXXXX XXXXX help.....

If you report it to the police, you need to do it while he is still intoxicated so that they can observe what is going on otherwise it will probably amount to nothing. I understand not wanting to involve friends but you really need to think about what is at stake; "friends" come in many different levels, but a true friend should be willing to help you out with this. He needs to be drawn into the light so he can be exposed; until that happens, it is just your word against his.
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