Do I have to let my sons’ father see them if I know that he’s drinking again?

I have sole physical and joint legal with my 2 sons. We live in one stae and thier father lives in another. I had agreed on letting him see the boys as long as he was not drinking, during times that he is not on the road working. Even if he usually doesn’t drink when he sees them I know he is an alcoholic and it’s a matter of time before he does. He called last night to talk to our oldest son and was obviously drunk.

Asked on November 3, 2012 under Family Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have sole physical custody of your minor children per a court order and you suspect that their father is drinking alcohol again where he has a substance abuse issue, then under the laws of all states in this country you have no legal obligation to allow the father to see his children unsupervised. Your obligation lies to the children to protect them the best you can.

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