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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 724
Experience:  Founding Partner at Moises Law, P.A.
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My fiancé and I recently separated, he is an alchoholic. I

Customer Question

My fiancé and I recently separated, he is an alchoholic. I cant afford living here in texas on my own and want to move to Arizona but want to take my kids with me. This move would be temporary until he decides to get professional help. I have tried to help him and get him professional help but he refuses. I want separation until he cleans up. What is the law on this?
Submitted: 4 months ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 4 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The standard that the court will apply in determining whether or not to allow you to take the children with you would be the "best interest of the child" standard. This means that the court will take into consideration whether your ex has a substance abuse problem and whether it is in the best interest of the children and their safety for him to have any custody at this time. It is likely that the court would rule against giving him custody and would order that he complete substance abuse counseling/rehabilitation and establish his sobriety prior to reinstating custody. During this time, the court will likely allow you to move.

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