Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My spouse is an irresponsible alcoholic, who is abusive and…

Customer Question
My spouse is an...

My spouse is an irresponsible alcoholic, who is abusive and drinks to the point where this person is incoherent, hysterical and passed out unresponsive. I do not drink, (maybe a drink or 2 in one random night of the month) but my spouse drinks every night all night and sleeps all day. I have documented my spouses actions via notepad on my phone, also I have shown video recordings of my spouse and actions when intoxicated and recordings the day after. one morning around 10 a.m. I come home from an errand and find that our 2 yr old and 1 yr old has been in the garbage. I get blamed for knowing better to not leave the kids with a person who is passed out and that it's My fault, but my spouse was up and alert making hotlinks when I left. One night I mustered the courage to call the police because my spouse was attacking me with the baby in my arms because i took the baby away from my spouse after being drunk, stumbling around outside at 2 am with our 6 month old in my spouse's arms. When the police showed up I decided not to press charges of domestic violence because I didn't want to ruin my spouses life. I have tried to get my spouse to go to AA and professional counseling but refuses to go after 1 session. I am going to go on deployment for the military and my spouse has been drinking at least a fifth of alcohol a night. Is there any way I can get a court order for treatment, if not would I be able to get a divorce with full custody of both children?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 8 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 16 minutes by:
12/10/2017
Family Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,722
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Family Law Question
Family Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

I am sorry to read about your difficulties.

Your Questions:

Is there any way I can get a court order for treatment,

Response 1: You can file Emergency Motion to get an Order. However, whether or not he goes to treatment, you CANNOT leave the children with him under the circumstances. You need to find a responsible family member to entrust the children with. Otherwise, you would be putting the children in danger.

if not would I be able to get a divorce with full custody of both children?

Response 2: You can based on the information that you have provided here and the evidence that you have with regard to his drinking. Click here for divorce forms and instructions.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,722
22,722 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I have been charged with child abuse injury by reckless
I have been charged with child abuse injury by reckless endangerment due to drinking alcohol while home with my children and it causing a medical emergency for me (not my children) as I was found unre… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter, her baby and the baby's father live in Illinois
My daughter, her baby and the baby's father live in Illinois together. They are having some issues due to his alcohol abuse. They are coming to visit us in Georgia for Christmas. My daughter was think… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My brother lives in Minnesota he and his girlfriend have a 2
my brother lives in Minnesota he and his girlfriend have a 2 year old daughter. Girlfriend is an alcoholic drinks vodka day and night and gets violent. Police have been called. … read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
I was recently in a fire in a pop up camper that i was
I was recently in a fire in a pop up camper that i was temporarily staying in with my 80 yr. old mother and my 3 yr. old daughter .. The man that owned ther camper gave me a sleeping sedative at about… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Father & I currently have joint custody. Its a long story how it ended up back at 50/
Father & I currently have joint custody. Its a long story how it ended up back at 50/50. Before the judge reverted us back to joint custody the father was convicted of his 3rd DUI & has 5 years probat… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,920 satisfied customers
Son and Daughter in-law live with us. She is an alcoholic
Son and Daughter in-law live with us. She is an alcoholic that almost died 2 yrs. ago with end stage cirrohosis of the liver. They have a one yr old and she has a 12 yr old from previous marriage live… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
My children's father was severely intoxicated while they were
My children's father was severely intoxicated while they were in his care. I have a police eport and police audio and wanted to know how serrious a matter he might be in… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I'm currently. under a protection order from an incident where
I'm currently. under a protection order from an incident where i blacked out from drinking. i didn't put my hands on her though. she put my baby on the order too. how can i get my baby back in my arms… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
My daughter has a 6 week old baby, the father of the baby didnt
My daughter has a 6 week old baby, the father of the baby didn't want her to have the baby. He had nothing to do, nor did he want anything to with any prenatal care. Couldn't talk about it when he was… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,920 satisfied customers
My sister has an 8 month old son with her boyfriend. About
My sister has an 8 month old son with her boyfriend. About 2 years ago she quit her job to move in with him and care for his 2 children from a previous relationship. She has no source of income, her n… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
First been having difficult relationship with my younger daughter
First been having difficult relationship with my younger daughter who is 24 years old; has two children boy 6 year old & a daughter 3 year old. My younger daughter is also very defiant & had chosen to… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
I have a close family member who might be facing legal trouble.
I have a close family member who might be facing legal trouble. She asked her boyfriend and father to two of her children to watch the kids for a few hours while she went dinner with her sister and fr… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My daughter is not married, will be 21 in Oct. and still lives
My daughter is not married, will be 21 in Oct. and still lives at home with her parents & her son who will be 1 yr. in Oct. the baby has his father's last name. my daughter lived with her boyfriend(ba… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
I want to limit the custody of my in-laws. My husbands mother
I want to limit the custody of my in-laws. My husbands mother harbored a pedifile in her home and he violated her daughter and made the boys do unthinkable things. He is out of the home, but he visits… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Florida - in progress divorce - wifes alcoholism is primary
Florida - in progress divorce - wife's alcoholism is primary issue (not to say there is not more). Filed for temporary custody due to driving with 10 yr old son while drinking. Only three days later s… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
I live in Tx. My husband is an alcholic and I am a stay at
I live in Tx. My husband is an alcholic and I am a stay at home mom...I have an 18 year old who moved out becuase of that is going on between my husband and I and his drinking. I have a two little one… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
My ex-wife is an alcoholic (my belief), 37 years old.
My ex-wife is an alcoholic (my belief), 37 years old. Alcoholism runs in her family. We have 3 kids, ages 10, 8 & 6. She is the primary custodian. I have the kids every other weekend, one night a week… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers
My daughter has an alcoholism problem. Sha has been getting ...
My daughter has an alcoholism problem. Sha has been getting help thru an outpatient program and AA meetings. She and her husband have also been going to a counselor. My son in law thinks thatt she sti… read more
Walter
Walter
Just Answer Consultant
6,024 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