How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
10707909
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

My children's father was severely intoxicated while they were

Customer Question

My children's father was severely intoxicated while they were in his care. I have a police eport and police audio and wanted to know how serrious a matter he might be in
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Can I email you the police report, the counselor's notes, and the police audio to review so that you will be current on the incident that took place on this past memorial weekend? I need to run an errand and feed my children right now but will be available for an appointment later in the evening Az time. Apologies.
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard. You can attach the police report, but I can provide you information on a possible penalty is you give me the crime-s he has been charged with.
Customer: replied 1 year ago.
Thank you for your timely response. He has not been charged with anything. I would like a second legal opinion re how I should proceed. CPS was also there that night but I have not heard back from them and when the CPS worker called me that night, she said she found no evidence of abuse or neglect. She only interviewed one of our children bc the other had fallen asleep. I am not sure what she discovered to make that determination. I have multiple question and thought that by addressing one at a time, it would be less confusion for me.
I am attaching the files. There should be 3 documents.
Thank you,
Elisa
Expert:  Samuel II replied 1 year ago.
Hello Elisa.I like the way you think. One question at a time is fine by me. I also want to be clear and ensure you are clear on the information I provide.So you have a pending matter to modify the parenting time. And what is the first question in this regard?
Customer: replied 1 year ago.
Have you reviewed the attachments yet?
Expert:  Samuel II replied 1 year ago.
Yes. There is a continuance at this time, correct?
Customer: replied 1 year ago.
Yes. and I was wondering what would be a possible outcome if Mike and I were not able to come an agreement, what would the judge decide in this matter. We are suppose to go to court on August 12 if we can agree to anything.
Expert:  Samuel II replied 1 year ago.
HelloThank youI suggest that if you can show the behavior is a pattern, that based on his intoxication around the children, you have a solid case for a modification. I suggest also that the children could be interviewed by the judge. And the judge can talk with them in closed chambers and then take what they have to say about a change into consideration when making a decision.
Customer: replied 1 year ago.
sorry. i need to get back to you, i need to do some errands.
Expert:  Samuel II replied 1 year ago.
It appears the assessments done on Odin and Gavin will also give credence to your request. I suggest that you will want to have your attorney being the assessment up in court, should you need to go that route.
Expert:  Samuel II replied 1 year ago.
That's fine. I'll be here. Or will get back to your other questions/comments when I get back onto the site. IT's all good. Thank you.
Customer: replied 1 year ago.
Odin is 11 and will be 12 in July. Gavin is 8 and will be 9 in December. The court hearing is in August. My laywer has told me, in May, that he doesn't think the judge will talk to my children in his chambers. Regarding their dad's pattern. We have been separated since the end of 2012. He would always drink in the house when we were together. I think he has been hiding it with our boys because they said they saw him drinking from a vinegar bottle the night of the incident. He would hide it from me when he had agreed not to drink and later he admitted to drinking outside on the property when he was irrigating. He also has anger management issues. Their father's last live in ended up being brought up on dv charges when she tried to stab him with a knife during an altercation, my boys were not present for that time but Odin told me around the end of 2014 he heard his dad in the night yelling at his girlfriend to open th door or he would call 911. In th morning he asked his dad why the door was broken and his dad said he was playing tag with Jillian and while he was chasing her into the bedroom he accidently broke the door. I have concerns regarding my children's counselor, she believes that their dad is being accountable and truly feels sorry and will not do it again and that he admit to drinking that night and now has gone on medication and says he is getting help but I do not have proof, just an intake form where he says he wants to go from drinking one glass of alcohol aday to none on 5/12, which was about two weeks before the incident. and the prescription was filled on the 4th of june. However, I have no actual proof that he has stopped drinking. I listened to the police audio and I do not believe he is truly humbled by this experience and also bc of the past when he went to the meadows for treatment and wrote a letter to my son, Alex, stating he was sorry for putting his hands on him and when I went to court a couple years later to file for divorce the first time, he denied ever hurting him. I believe he does what is in his best interests and only his best interests. Would you be willing to listen to the police audio. I caught hiim in numerous lies to the police and some I believe are slanderous and was wondering if I can have him prosecuted. He was also at the pool with them drunk to the point he could barely walk and took them to the wrong house and tried to unlock it, not knowing he was at the wrong house while they told him it was. Is that considered child endangerment to be drunk at the pool while they werre in his care and he forced them to stay in the hot tub until the timer went off, even though they were complaining it was too hot. He also tugged on Odin's hair when he was angry and drunk and hit Gavin on the head with the metal part of the flashlight while telling him to stop chewing his nails. No marks of course. He also pointed a knife at Gavin whie demanding to know where Odin was when Odin ran away. He wasn't close to Gavin when he did it. The police report has the rest in it. Which I have already sesnt to you in the disclosure.
Expert:  Samuel II replied 1 year ago.
HelloI do not care to hear the audio. Please remember the professionals on this site provide information and not Legal advice. So I would rather not hear the audioI suggest the police reports and the evaluations speak for themselves. I suggest you can continue to prompt your attorney to at least make the request for the children to interview in private. Additionally, I suggest that you can request there be random substance abuse testing if the Father is given the opportunity to be with his children. Remind the court, this is not about you or the Father- that you have tried to be patient and work it out. But for the best interests of the children, the Father needs serious substance abuse counseling and you would like to have the court monitor how that is going before he is given the rights back to have his children unsupervised. It sounds to me as if you have all the grounds you need to prevail.
Customer: replied 1 year ago.
how long do supervised visits last?
Expert:  Samuel II replied 1 year ago.
They can be ordered for a year, if need be. It is up to the court. I suggest you make the request and see what the court feels is appropriate. It can be indefinite until he shapes up and gets help for his obvious alcoholism problem.
Customer: replied 1 year ago.
His lawyer said he is getting help and if he does show proof that he is and has for the two months before the August 12, could the judge decide to let him have unsupervised visits at that point?
Expert:  Samuel II replied 1 year ago.
I suggest that a court could order the unsupervised visits at any time they feel it is not going to be harmful to the boys. And that if that happens then you can request the random testing before those visits.
Customer: replied 1 year ago.
thank you
Expert:  Samuel II replied 1 year ago.
You're welcome. And I apologize for the delay in this response. Thanks for your patience.
Customer: replied 1 year ago.
To make sure, it is only $46.00 month for my.justanswer.com? Minus the free week of course. Where do I view my contract that shows monthly charges?
Expert:  Samuel II replied 1 year ago.
HelloI am not privy to prices offered at this site. You can use the Contact Us Button and they can assist you.
Expert:  Samuel II replied 1 year ago.
We are just the professionals providing information. They never tell us anything :-) Seriously, the administrators are great and they can help you out with that. Use the blue link
Customer: replied 1 year ago.
Thank you
Expert:  Samuel II replied 1 year ago.
You're welcome. Good luck with everything.

Related Family Law Questions