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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37392
Experience:  Attorney with 16 years experience
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My 5 year old daughters father and i were never married; he

Customer Question

My 5 year old daughter's father and i were never married; he has not picked her up before at scheduled times b/c he was too "hung over;" he hasn't spoken/made contact with her in 6 months, so my husband was going to adopt her. In response, my daughter's father filed for a parenting plan that says i have to go half way every other weekend--from noon sat. to 4 sun. He asks for very little time with her. His myspace page is full of his "hung over" comments. What can i do when filing a response as for transfers/addressing his public willingness to discuss his drinking? I live in WV.
Submitted: 7 years ago.
Category: Family Law
Expert:  Barrister replied 7 years ago.



I would make sure that the judge knew that, while you are willing to help him build a relationship with his daughter, you are concerned about his problems with alcohol. You are also concerned that it is not in your daughter's "best interests" for her father to be taking custody of her when he is hung over and still possibly under the influence from the previous evening. I would put that in the response and make sure the judge is aware of it. I would also print out some of the comments for the judge to see. While you can't control what he does when your daughter is not around, the judge can order him to not be under the influence when he has custody of her.


If he violates the order, that would give you grounds to ask the judge to terminate it and only allow supervised visitation, at his expense. He may eventually decide that he values his drinking more than his time with his daughter and voluntarily terminate his parental rights so you can proceed with the adoption.








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