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Hi, I live in Texas and I am having a problem with my husbands

Hi, I live in Texas...
Hi, I live in Texas and I am having a problem with my husband's drinking. I've continued to ask him for years to quit and he just doesn't. We have a 3 year old and I've told him if he doesn't quit, I will leave. Well, I'm to the point that I need to. However, I think it's in my daughter's best interest to stay at our house and he should have to leave. He's the one who has continued to lie about quitting. What legal rights do I have to make him leave?
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4/7/2013
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I am sorry to hear about your situation and understand your concern at this time. In an ideal situation, he would agree to leave the home, get help and allow you to stay there with your daughter, until he has received the proper treatment. If he is unwilling to do this and vacate, you would need to proceed through the court and have the Judge order that he leave the home and that you be ordered to have custody of your child. The Judge is always going to act in the best interest of the child, so if your husband is drinking, it may lack the ability to care for her and her well being. The Judge may not feel comfortable leaving her alone with him and may order supervised visits or even go so far as requirement treatment, before he be allowed to be around the child, unsupervised. You would need to address your concerns with the Judge, advising him/her of the situation. Moreover, if your daughter has grown up in the home, it would be a better situation, for her to remain there with you. With that being said, you can file for divorce and ask for temporary possession of the home and custody of your child, until the divorce is finalized and all the outstanding issues are resolved. Absent an order from the Judge, you can not force him to leave nor will the police get involved, unless a domestic issue arises.

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Customer reply replied 4 years ago


Is this the case in all states where the judge can order him to leave? I know in Texas there is no such thing as a legal separation or so I have heard. I really just want him to get help.

Since there is no legal separation, you would need to file for divorce, to get the matter before the Judge, so it can be ordered, that he leave the home and you be entitled to sole possession of it, along with custody of your daughter. This sounds like a situation where you may have to use tough love, to force him to get help and go into a treatment facility, if the alcohol consumption is that bad. The only other alternative if he will not, is to file for divorce, even as hard as that can be, with a child.
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