Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I have a pretty complicated question about my rights and am

Customer Question
Hello- I have a...
Hello- I have a pretty complicated question about my rights and am not sure where to turn
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
9/18/2015
Family Lawyer: socrateaser, Lawyer replied 2 years ago
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,354
Experience: Retired (mostly)
Verified

Hello,

What's your question?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
I do not believe my ex is a fit parent for my kids. I think he is mentally and physically abusive. The problem that I have on my accreditation is I am an alcoholic and got a DUI 17 months ago. Before the DUI I was sober and have been sober since the DUI. I was afraid at the time because I had my kids with me and didn't want them to go into the "system" I have been with my kids and my ex trying to work things out and recently we have stopped trying. I have been able to get in front of his anger with my kids and stop a lot of the spankings and other physical violence but since we are no longer trying to work things out I am scared for my kids. I do not know what to do. I got the DUI but prior to the DUI never had any issues caring for my children, was a work from home mom. Took care of them every single day - all day. I had a relapse and unfortunately that put a huge black mark on my record. I need to figure out how I can make sure my kids aren't neglected and abused.
Family Lawyer: socrateaser, Lawyer replied 2 years ago

Who currently is the day-to-day caretaker of the children?

Is the current custody/parenting arrangement court ordered?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Custody is 50/50. Yes it is court appointed. We have a daycare provider but since i have been released from jail as a result of my sentence, I have been there basically the whole time.
Customer reply replied 2 years ago
Would it be better to call?
Family Lawyer: socrateaser, Lawyer replied 2 years ago

I don't think a phone call is necessary.

If you have 50/50 custody already, then you can ask the court to modify custody in your favor. However, since the court will treat the issue based upon who demonstrates that they are the better day-to-day parent, the issue will boil down to whether or not you can prove that your alcoholism is under control, and that the other parent is in fact engaged in a pattern of abuse with respect to the children. If you cannot prove both factors, then you will be wasting your time.

What are the child(ren)'s ages?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
They are 2 and 3.
Customer reply replied 2 years ago
I was on random UAs so I can prove I have been sober as I have had 100% negative UAs. I have pictures of brusies on my children.
Family Lawyer: socrateaser, Lawyer replied 2 years ago

Okay, that's helpful.

The children are too young to have an opinion. That means that the court would have to appoint a custody evaluator to investigate you and your ex, and report on who is the better day-to-day custodian.

Concerning the bruises, I'm assuming that you didn't immediately contact law enforcement to investigate as soon as the children were returned to your care. The point being that you have to be able to tie the injuries back to your ex. Unless you can show the bruises were actually caused by your ex, the pictures will not be given much weight by the court.

If you can prove the connection between your ex and the injuries, then you have an extremely strong case, because the judge must rule as to the better parent, and that would be you.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Ask Your Own Family Law Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,354
39,354 Satisfied Customers
Experience: Retired (mostly)

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
If someone had a blood alcohol level of 0.18, will they be
If someone had a blood alcohol level of 0.18, will they be arrested? Can they be a foster parent? Can they be approved for custody by social services? Can they be adopted? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I just left my alcoholic ex-boyfriend after a very violent
I just left my alcoholic ex-boyfriend after a very violent verbal confrontation. No he did not hit me. But there are times when I thought he would. The problem is now, when we were together I sent him… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,425 satisfied customers
My ex is an alcoholic. He drinks daily and gets drunk to the
My ex is an alcoholic. He drinks daily and gets drunk to the point of passing out and leaving our 9 yr old taking care of herself. He has gotten drunk at a friends and allowed a grown man to give our … read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
My husband is an alcoholic and is emotionally abusive toward
My husband is an alcoholic and is emotionally abusive toward me. What are my legal rights? … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
Separated in 2006 due her Drugs and Alcohol issues. In 2009
Separated in 2006 due her Drugs and Alcohol issues.In 2009 I agreed to use my credit 9 years ago to buy a house and agreed on a partition agreement of $70k to her in form of me using my credit to by t… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
My husband is an alcoholic and at times verbally abusive.. I
My husband is an alcoholic and at times verbally abusive.. I have tried asking and even begging gom … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Considering a Divorce frm my wife cuz she's abusing alcohol
considering a Divorce frm my wife cuz she's abusing alcohol very badly an wont quit??? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm married to a man whom is a terrible alcoholic who makes
I'm married to a man whom is a terrible alcoholic who makes poor financial choices and uses money as a means to control and manipulate me. Unfortunately I pay the bills, buy groceries, am custodial pa… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I need to know if i can get my alcoholic mother declared
i need to know if i can get my alcoholic mother declared incompetent … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
My husband is an alcoholic but more than that he is verbally
My husband is an alcoholic but more than that he is verbally abusive. How do I get him out of my house? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
Can a lawyer object an alcohol hair follicle test in the
Can a lawyer object an alcohol hair follicle test in the state of Wisconsin? The GAL ordered it. Its regarding custody … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
STORY SHORT MY SISTER IS AN ALCOHOLIC HER ONLY INTEREST NOW
LONG STORY SHORT MY SISTER IS AN ALCOHOLIC HER ONLY INTEREST NOW WHILE THE KIDS ARE AWAY ON TRIPS FOR SPRING BREAK IS HER ALCOHOL … read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
My husband's expire is dying from an alcoholic cirrhotic
My husband's expire is dying from an alcoholic cirrhotic liver. She has had the ascites, edema, gallbladder, spleen involvement and is now jaundiced and her personality is getting tons worse. She is s… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
The father of my 3 children has a drug and alcohol problem.
The father of my 3 young children has a drug and alcohol problem. He has not been around for the past couple of months and is now asking to pick up the kids and take them to San Diego. He has no Drive… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
Ok so my wife has been an alcoholic since 2009. Horribly so
Ok so my wife has been an alcoholic since 2009. Horribly so since July 2015. In and out of rehabs since April 2016. We finally had to commit her after lighting the house on fire twice and falling down… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
My friend's husband is a alcoholic and the past year
My friend's husband is a alcoholic and the past year accumulated a lot of credit card debt and bank loan through gambling. She's very worried because she lives in Washington. She wants a separation or… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,196 satisfied customers
My husband and I are alcoholics. He has been verbally and
My husband and I are alcoholics. He has been verbally and emotionally abusing me for 20+ years. Now he is asking me to move out. We have substantial assets and a home together. I am reluctant to move … read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
My exwife is going through outpatient rehab for alcohol
My exwife is going through outpatient rehab for alcohol abuse as well as AA and personal counseling. She has been clean for about a week. She was clean prior to the past couple months. We have shared … read more
mmdesq
mmdesq
Attorney
Doctoral Degree
518 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x