My ex has a history of alcohol related offenses. He has 2 DUI's plus 2 arrests for Domestic Violence Related Assault, 1 was dropped because the victim withdrew her statement. He has returned to alcohol abuse after being released from probation all 3 times and after a voluntary treatment program. My children have witnessed their father intoxicated on most of their visitations and they have witnessed physical abuse of his girlfriend on more than one occasion. He is claiming to be sober now however I have been informed that he has been seen in public drunk within the past 2 weeks. What would stop me from being granted supervised visitations? What do I need to be able to prove to the judge?
Family Law Attorney
If you are able to document and prove the information that you outlined in your question, you should have a good case for supervised physical custody. I would recommend that you meet with an attorney to discuss your options as you may need to file an Emergency Petition.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
Domestic Violence Lawyer
Truly, it will come down to the facts of the case. A history of domestic violence, alcohol, and bad decisions (which the children have witnesses) may provide cause for the Court to grant supervised visitation for the time being, until Father can provide "trust" to you there remain no issues. This will be an important issue to bring to the conciliator, and if not, to a Judge. The best interest of the children is the main issue, so you will want to have an experienced family law attorney represent the facts and how they are not best for the children. Speak to an attorney to see the best way to go about this, for a situation as important as this, you will definitely want legal representation.
All the best.
My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state