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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Removal of a parent from the home do to drinking and pill popping

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Removal of a parent from the home do to drinking and pill popping when home alone with kids?

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

Can you please briefly give me more information and tell me what it is you need to know.

Thank you
Customer: replied 3 years ago.

It's been going on 2 years of my wife taking pills and drinking. When I'm at work she is drinking and takes pills and the kids are in danger. She has been in treatment for 30 days and came back and doing the same thing. I would like to have her removed from the home. What do I need to do to have this happen?


Thank you

So you are married and she is a stay at home Mom?

And when you called the police what have they said?

Do you want a divorce? You live in the same home together?

Customer: replied 3 years ago.

Yes married, she stays home with a nanny. When the nanny is here she takes off on her bike and buys boos. After the nanny leaves for the day she sleeps or passes out way the kids tear the house up. She don't work do to not having a Lic. She is being charged with 2 DWI's .23 or higher.


When I called the police they said they can't take her for being drunk is her own home.


If she don't get her self cleaned up i will want a divorce. I want her removed from the home and when she has 8 to 12 mos of being clean she can come back.


Yes we live in the same home together.


Thank you. You do have a dilemma.

IF you cannot get her to agree to go to some type of rehab, then I you would need to file for a divorce, request temporary use and possession of the family home and also for temporary custody.

In Minnesota you can file for a No Fault divorce, though her behavior with substance abuse will be considered for such issues as child custody, distribution of property, etc

I suggest you may want to begin with a conversation telling her the options that she gets help/treatment or you are filing for the divorce.

You may even want to consider family counseling.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.

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