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Husband is mentally unstable and an alcoholic. Need reassurance he won't get custody or unsupervised visitation...

Waukegan, IL |

I have an OP in force and going thru divorce currently. We have 3 small children together. Right now there are supervised visits 1x per week. He is an alcoholic and is likely back to using drugs again as well. He is extremely mentally unstable and needs medication but refuses. I just want to make sure I get sole custody and the supervised visits continue... I do not trust him to take the kids unsupervised... he has told me before if I ever tried to keep him from them, I would never see them again. I have a good, full time job and have always been the provider for my kids. He has never worked, and is living for free with friends now. Does he have a chance of getting custody and/or unsupervised visits?

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Attorney answers 3

Posted

Avvo is for general legal information, not legal advice nor to be used as a legal predictor

Hire an attorney. You have outlined many good points

Posted

You need an attorney and if you want to be successful at keeping supervised visitation for an extended period of time you will likely need a GAL involved who, after his or her own investigation, determines that the supervised visits remain in the best interests of the children. If you have an OP you are likely to get sole custody but again you need an attorney. I cannot presume to know the entirety of your situation just from this post. Best luck.

This comment is being left for informational purposes only and based solely on the information provided in the question. This comment does NOT create an attorney - client relationship. An attorney should be contact directly and given the full details of the specific circumstances in order to be best able to assist in the issues at hand.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

the test for supervised visits is not best interest. it is serious endangerment. 750 ilcs 5/607. the rest of your response is correct.

Posted

yes he has a chance of getting custody and/or unsupervised visits but not a great chance is you can prove he is a serious endangerment to the children.

you need a lawyer to help you with this. also, the judge that you have is an important factor. some are more strict about drugs and alcohol than others. sad but true.