If you are worried about your ex-spouse drinking excessively while in the presence of your joint child, your first step is to figure out why you are worried, so you can communicate this to your family law attorney. The legal strategies available to you might be different depending on the reasons you are worried.
- Do you have reason to believe your child's safety is threatened due to excessive drinking or driving while intoxicated?
- Do you object to alcohol use for health reasons and wish to raise your child in an abstinent home?
- Is drinking alcohol against the tenets of your religion, but your ex does not adhere to the same religion?
Most importantly, if you have current, rational reason to believe that you children are placed in harm's way when with your ex due to his or her excessive drinking or drunk use, contact an experienced family law and child custody attorney as soon as possible. Modifications to child custody and parenting time orders can take a long time, and you want to get the process started to protect your children's safety.
It is very important to have evidence of alcohol or drug abuse to show the family court judge. Your attorney can help you gather evidence and explain what types of information are most believable. Family court judges often look suspiciously on unfounded accusations of alcohol or drug abuse. This is because these divorce court judges have all seen situations where divorcing spouses falsely accused one another of drug or alcohol abuse in an attempt to improperly influence the judge's custody and visitation order.
Examples of reasonable and rational evidence supporting a claim that your ex is abusing alcohol or drugs include:
- The parent's own admission that he or she abuses alcohol or drugs
- Photos from Facebook or other social networking sites showing your ex in intoxicated circumstances, or collections of social media posts showing an extreme frequency of alcohol or drug use
- Sworn statements from trustworthy witnesses regarding alcohol or drug abuse
- Records of past arrests for DUI or possession of illegal drugs
- Records of alcohol or drug abuse treatment
- Statements from your joint children if they are of a certain age
The National Council on Alcoholism and Drug Dependence has vast quantities of helpful information for people who are looking for more information about drug and alcohol abuse, including information about how to recognize the signs of alcoholism or drug abuse.
Contact Pfister Borserine & Associates
At Pfister Borserine & Associates, we have protected the rights of people across north Texas for more than 20 years. Board-certified in family law by the Texas Board of Legal Specialization, attorney John J. Pfister, Jr. understands that every case is different and will take the time to learn the details of your situation. We will then carefully craft an individualized approach to help you get the outcome you want.
For an appointment with an experienced child custody and parenting time lawyer to discuss your concerns about your ex's drinking or drug abuse, contact our office by e-mail or call us at 972-712-6700.