My husband has an alcohol problem (no DUI’s but various family members on both sides can attest to his antics while intoxicated) and I am concerned for the children’s safety. They are 1 & 3 and I feel that 50/50 is not a good idea until he seeks professional help & has taken the time to build up to parenting; I have had the full responsibility of caring for the children one of which who was born with major medical problems. We had a verbal agreement of every other weekend and once during the week (I agreed to this so that he couldn’t say I say I was keeping them from him,) and he has now decided to keep them from me & isn't returning my calls or texts. Does he have a true chance of getting 50/50? Is there anything I can do to get them back since he is not willing going to work with me?
Divorce was file April 23 but no orders have been put in place. We are currently living apart. Proof: I would have to see if the hospital has record of his drinking there while our son was in the NICU & see if I can get our marriage counseling records where he confesses to having a drinking problem. Or call character witnesses to testify to his drinking.
Family Law Attorney
I would need a little more information to answer your question. Are there currently any Court orders in place? Are you in the process of a divorce, or simply living apart?
I would suggest that if there are no orders in place, you begin the process immediately. You can request that your husband be ordered to submit to random alcohol testing via TASC if you are able to present evidence of a drinking problem.
In any case, you should consult with an experienced family law attorney.
Estate Planning Attorney
Arizona Revised Statutes 25-403.04 deals with family law matters and substance abuse. It says that if the court determines that a parent has abused drugs or alcohol [or has been convicted of any drug offense] within twelve months before the petition or the request for legal decision-making or parenting time is filed, there is a rebuttable presumption that sole or joint legal decision-making by that parent is not in the child's best interests.
THE INFORMATION CONTAINED HEREIN IS INTENDED AS GENERAL INFORMATION ONLY. IT IS NOT LEGAL ADVICE, NOR IS IT INTENDED TO BE RELIED UPON AS SUCH, AND IS NOT INTENDED TO ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE A LEGAL QUESTION, CONSULT WITH AN EXPERIENCED ATTORNEY.