My ex-husband has a long track record of alcohol related issues, enough issues where at one point he was under house arrest. We had thought he was doing better but then 2 weeks ago my 14 year old daughter communicated that her dad was closet drinking. Before I had time to address the situation he got so intoxicated he forgot to pick up his 2 kids, one who is my daughter and the other is from another women. Because of this he has entered a 30day treatment program.
While I am happy he has entered a 30 day program I don't believe it will be enough time for him to really begin to manage his level of alcoholism. 30 days is a drop in the bucket for a problem I have been living with for 17 years.
Because of this I believe that my 50/50 joint custody is no longer in the best interest of my daughter and neither does she at this time. I believe I should look into full custody. Would this be a possibility? I want her father to get well, but I need to prioritize my teen daughters wellbeing.
You should consider filing for sole custody, with supervised visits. You should file ex parte, and submit proposed Emergency Orders, so that you don't need to wait for the hearing date.
This need not be a permanent state of affairs, if he cleans up and everyone feels that he is safe, again, but until that happens, he should have limited contact with your daughter.
The Family Court also offers a Family Treatment Court, where his progress can be monitored and relevant info passed on to your Family Court judge.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
You can absolutely modify custody based on your reasoning. In fact, you should modify the order. You can request that you have custody and that he have some sort of supervised visitation. You should definitely contact an attorney for further assistance.
I concur with my colleague with regard to your filing a Request for Order regarding a change in Custody/ Visitation for sole custody and supervised visitation. You may want to find an experienced family law attorney in your area to assist you. Good luck.
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