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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29818
Experience:  Attorney with experience in family law.
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My wife would like me to go to alcohol treatment. She blames

Customer Question

My wife would like me to go to alcohol treatment. She blames alcohol on our troubles where I see it as lack of communication. By going to treatment to try to keep the family together hinder me if it comes to divorce and child custody? And I have a clean record!
Submitted: 8 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 8 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Getting treatment can actually help you when it comes to child custody. One of the factors the judge looks at when assigning child custody is whether either parent has a substance abuse problem that directly effects the children's emotional well-being. It's possible the judge would to deny you custody of your children, or only allow supervised visits, until you've completed treatment, so there is no downside to beginning early.

Going to treatment could hinder you in a divorce action if your wife chooses to file for a fault-based ground of habitual drunkenness. But most divorces are no-fault, and you could file for a no fault divorce based on incompatibility of temperament at any time. No fault divorces tend to be cheaper and easier for everyone involved, because proving fault usually requires a trial.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Customer: replied 8 months ago.
Thank you Lisa. So, we live in Alaska and are flying to Seattle for the fish expo there. Originally it was her and I. Now she wants to bring our two kids. 1 and 5.I have a daughter that I've had custody of since she was 4, she is now 16 and I was a single parent to her for 6 years before I met my current wife.If I go down there with my wife with our two kids and go to treatment, am I making a mistake? Then they are away from their home. Grandma was going to watch them originally.
Expert:  Lucy, Esq. replied 8 months ago.

That's really more of a parenting question than a legal one. Legally, it's unlikely that a judge would hold it against you for taking your children with you to Seattle, at your wife's request, in an effort to keep the family together. Even if a judge things that you made the wrong decision, it would count equally against both of you (if not more against your wife).

Expert:  Lucy, Esq. replied 8 months ago.

Did you have any other questions for a lawyer?