Can I get a no alcohol clause put into my custody agreement?

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Can I get a no alcohol clause put into my custody agreement?

My son’s father has been drinking while he has him for visitation and I want to put a stop to. What is the liklihood a judge would order this?

Asked on October 12, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Judges do not automatically put this type of clause in in Texas, however, many do when requested if there is a basis for the request.  There is no guarantee that you particular judge will impose it, but you do have a decent chance of getting the clause, especially if your child has been mimicking the behavior of if you ex- has any documented history of alcoholism related issues (like a DWI or public intox arrest).  Some judges will just order it as a matter of course-- depending on how conservative your county is.


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