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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My husband is a good dad during sun hours. Everyday from

Customer Question

My husband is a good dad during sun hours. Everyday from dinner till the time he goes to bed he drinks non-stop. I have come home from yoga at 6:30 am and found our 4 year old in the garage because he couldn't wake my husband up. We are about to file for
divorce. I do not want to keep my husband from my son, I just want to make sure he sleeps at my house. If his parents are there, I am ok with him spending the night but I do not believe my son is safe to spend the night if it is just my husband and my son.
Since he is a 'functioning alcoholic' how can I prove this in court? What evidence will I need to have?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard. I suggest that you can request a Guardian Ad Litem in any custody proceeding. The GAL will work on behalf of your son. There will be one on one evaluations of both parties and how they interact with children. So you can present the reasons why you want to be the sole custodian and Legal parent and you can use his behaviors with drinking. But link them in with how it is putting your son in a dangerous environment And of course you are willing to stipulate that your son can stay with him overnight under the supervision of the grandparents. And you request the GAL