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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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I am filing and my husband is an alcoholic. We are currently

Customer Question

I am filing for divorce and my husband is an alcoholic. We are currently separated and he has a history of drinking when he has our two children (ages 10 and 12) at his house. Its not every time, but it happens often. There is no proof because he refuses a portable breath test. He also does not want to use lawyers to manage the divorce. I need to know if he is legally allowed to drink around the kids, and what my legal rights are to remove them from his care if he does drink. How can I protect them from having to deal with his drunkenness and the confrontation that results.
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this regard. You state you are separated and filing for a divorce. Does that mean there is no court order for him to have visitation?

Customer: replied 2 years ago.
There is no court involvement at all at this time. We moved to CT for his job in December and I opted to live separately because of his alcoholism. Currently, he sees the kids when he asks to have them, and I pick them up if they call me saying he's drinking.
Expert:  Samuel II replied 2 years ago.

Thank you.

Without a court order, you are under no obligation to allow any visits. So if you are concerned with his drinking, at this time, just stop the visits. The parent in possession is the parent in control and that means you do not need to allow visits and it also means that once he has possession he is under no legal obligation to return the children to you since there is no court order.

As the divorce progresses and he seeks visitation, you can request that the court order him to not drink in the presence of the children or when he has visitations with them. You can keep notes of the times the children have asked to be picked up because Dad is drinking and they don't want to be there. You do not need witnesses to this as the judge can interview the children behind closed doors, out of earshot of both parents and they can tell the judge the problems.

At this time, I suggest, you just not allow the visits.