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I want to divorce my alcoholic husband, but afraid that he will get overnight visits with our 10 month old baby.

Aptos, CA |

My husband's drinking has gotten increasingly worse, he has become combative, abusive and angry. I cannot stop him from drinking. He has physically abused me on a number of occasions, and in the process, has hurt our baby when I was holding him. I am and RN and know I need to get out of this relationship, but I am worried that he will have overnight visits of our baby. When my husband drinks he drinks a lot, and when he falls asleep he cannot be woken easily. I fear for my baby's safety. My husband would not be able to take care of him, and he couldn't drive him if there were an emergency. Are there rules in regard to the age at which babies can leave their mother's overnight? I have been documenting his drinking and bruises to myself very carefully. Any advice would be helpful. Thanks, L

Attorney Answers 1

  1. There is a presumption in the family code against giving a parent who is a alcoholic custody and alcohol is detrimental to a child so visitation will more than likely be limited. However, you will have to prove he is an alcoholic. Notwithstanding, with a child so young, the court is more than likely going to order day visits or supervised visits. Good luck

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