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

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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: 4 months ago.Category: Family Law
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Answered in 16 minutes by:
12/10/2017
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,296
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 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.

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Phillips Esq.
Phillips Esq.
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Category: Family Law
Satisfied Customers: 21,296
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Experience: B.A.; M.B.A.; J.D.

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