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My ex spouse has no DUIs but drinks a lot in front of my teen son. When I way a lot I mean he has parties where friends are gett

Houston, TX |

getting inebriated but not passing out. I do not approve of this lifestyle on his weekends & my son now accepts it. He is 15. We have been divorced one year. I have custody. Do I have grounds for supervised visits? When we married he abused me a few times to the point of near death but I was afraid to call police for fear of causing trouble for our family. He is a highly functional alcoholic who works hard & thinks he is entitled.

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Attorney answers 3


The more evidence you have the better. Witnesses, video etc. If you fear for you child's well-being, you should definitely attempt to modify custody order. He could be given supervised visits, drug or alcohol testing etc. Call some local family attorneys experienced with custody modifications and talk with them.

BEST ANSWER I got....and I hope I was HELPFUL! My answers do not establish an attorney/client relationship. Contact Steve Hamer at (214) 843-1529 for a FREE CONSULTATION.


Anything that happened during your marriage cannot be mentioned again. The date the judge signed the Final Decree of Divorce started the slate clean for both of you. The history is irrelevant. I assume that your divorce attorney told you that when you divorced.

The problem with filing a modification is that the burden is on you to prove that it is a change of circumstance. Did he drink before you divorced? If so, no change in circumstance. You have to prove that this is a dangerous situation. A 15 yr. old can call 911 if there is a problem.

I recommend that you call a strong, tough family law attorney in the Houston area for a consultation. I don't know if you have grounds for a modification. He might be a bully and a nasty guy but that might not be enough to modify.

Good luck!

Fran Brochstein has over 20 years legal experience & enjoys educating the public about Texas laws. She is a full-time family law mediator in the Houston area. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a personal consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week - her personal cell phone.


Depends on your judge. If he drinks all the time but no health, job, or social issues, then alcohol is legal in the US and I doubt you will get anywhere.

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