Divorce from a alcoholic??? What about custody with the kids??

I am about to go thru the process of a divorce. My husband recently developed a severe drinking habit. How can I document this? He pays for the beer with cash, and never drives anywhere. But he is responsible for our two small children and I have come home to him passed out while our 3 and 5 years old, were awake and alone in the house. This is partially the reason for our soon to be seperation and I just cannot trust him with the kids alone if we share custody? Can I do anything?

Asked on June 5, 2009 under Family Law, Ohio


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can give sworn testimony to the court about him passing out while alone with the children, not only on the witness stand but in written form, called an affidavit.  And if you can do it discretely, without him knowing, a camera phone picture or two might not hurt, if you can save it to the internet or your computer.

I'm not an Ohio lawyer.  But I'm pretty sure that almost every family court judge in this country would regard getting drunk to the point of passing out, with those children awake and alone, is serious neglect.  You need a good divorce attorney, who can give you sound advice based on all of the facts of your case, on what do next, and who can get as much protection for your children as possible from the court.  One place to find a good lawyer is our website, http://attorneypages.com

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry to hear of your troubles. What you need to do is simply get the ball rolling. If you plan to file for divorce find an attorney who trust who can handle this for you. The specifics you address in this question will be handled and addressed by your attorney.

Divorce is a very complicated process with many issues arising. You need to explain everything as you did here to your attorney who can than advise you how best to proceed. They will know the local court system and how best to proceed within that system as each court operates in a slightly different way although following the same rules and regulations.

If you need further help feel free to come back to this site and post another question. Good luck

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