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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13082
Experience:  B.A.; M.B.A.; J.D.
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I know a couple that is currently married for the sake of their

Customer Question

I know a couple that is currently married for the sake of their children only. The wife had a very bad addiction to alcohol and it ruined their marriage.

The husband was going to result in divorce because of his wife's drinking problem because at times she was putting her children in harms way. As time passed, her drinking was getting worse. According to the husband the wife drank while pregnant with their last child. There have been times where the wife had their baby in bed and the baby would fall out of bed because the mother was intoxicated.
As time passed, the mother stopped drinking, pretty much went cold turkey and the divorce never went through. Months have passed and the wife seems to be doing better by not drinking. Please keep in mind the wife stopped drinking in Mid January of this year. My questions are:

If the husband wanted a divorce at this point in time, who would the children be awarded custody to? Do kids automatically live with their mother in divorce cases?
Does the husband have a strong case where the children can live with him instead of their mother because of her past drinking addiction? I know very little about the law, but from what I do know, it is my understanding that the husband would have to prove to the courts that she is an unfit mother in order for the children to live with him instead of her. And if that being the case, the mother would obviously have visitation rights and be awarded time with her children.
Any information you can provide would be greatly appreciated! Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 3 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question: I know a couple that is currently married for the sake of their children only. The wife had a very bad addiction to alcohol and it ruined their marriage.

The husband was going to result in divorce because of his wife's drinking problem because at times she was putting her children in harms way. As time passed, her drinking was getting worse. According to the husband the wife drank while pregnant with their last child. There have been times where the wife had their baby in bed and the baby would fall out of bed because the mother was intoxicated.
As time passed, the mother stopped drinking, pretty much went cold turkey and the divorce never went through. Months have passed and the wife seems to be doing better by not drinking. Please keep in mind the wife stopped drinking in Mid January of this year. My questions are:

If the husband wanted a divorce at this point in time, who would the children be awarded custody to?


Response: It depends. In a custody case, the Court would make a decision based on what is in the best interests of the children by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunities for the children, etc. If the Court finds after reviewing these factors that the children would be better off living with the father only, the Court would rule award sole and physical custody to the father with visitation rights to the mother. Otherwise, physical custody may be awarded to the mother, joint legal custody to both mother and father with visitation rights to the father. Joint legal custody means that both parents would have a say on their children's upbringing, the schools that they go to, their doctor's appointments, etc. Physical custody means where the children live. So, it is very important that father tell the Court any and all reasons why the mother should not be allowed to have custody of the children; any witnesses should be brought to the Court to testify. The father should also tell the Court why he should be awarded sole physical and legal custody of the children. Remember that the Court can only make decision based on the evidence presented to the Court.

Do kids automatically live with their mother in divorce cases?


Response 2: No, see my previous response.


Does the husband have a strong case where the children can live with him instead of their mother because of her past drinking addiction?


Response 3: Yes, he does.


I know very little about the law, but from what I do know, it is my understanding that the husband would have to prove to the courts that she is an unfit mother in order for the children to live with him instead of her. And if that being the case, the mother would obviously have visitation rights and be awarded time with her children.
Any information you can provide would be greatly appreciated! Thank you


Response 4: See my first response.

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13082
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 10 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
How long do these answers stay active for on the website? Is there a way i could review them at any time? or do they expire after a certain amt of time? Thank you for your help!
Expert:  Phillips Esq. replied 3 years ago.
Hi,

I do not know how long the answers stay active. So, I will refer you to customer service for further assistance:

http://ww2.justanswer.com/help


or
support@justanswer.com

All the best,
Customer: replied 3 years ago.
I do have another question for you regarding this topic of the husband and wife and her drinking problem.
1. My question is: is there a time limit on when he would have to file for divorce?
The wife stopped drinking in January of 2011 and we are in October now.
Would he have a certain time to file the divorce by because she stopped drinking
9 months ago? Or could he do it on his own time? Despite when she stopped drinking.

2. One the reasons he has not filed yet is because his wife did stop drinking earlier this year, I believe she stopped for her children's sake, but prior to that she was a very addicted alcoholic and was drinking non-stop at times. The divorce was basically for the children's sake, the father did not want his children to be raised or in the company of a drunk & is always concerned for the walfare of his kids. The father had a lot of evidence to prove that she was an unfit mother at the time of her drinking addiction.
My theory is that she promised him she would stop drinking and that is why the divorce never went through.....I just wanted to give you all the facts of this topic in case any more questions were to arise or in case a divorce were to take place for them.
I thank you for your help!!
Expert:  Phillips Esq. replied 3 years ago.
You need to open an new thread for these questions.

If you want me to response to them, kindly start your questions with "For E-lawyer."

Thank you for your cooperation.

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