How do I protect my daughter from being around her father when he's drunk? 15 Answers as of November 23, 2011My husband moved out 6 weeks ago. I just found out he was completely drunk when he picked my daughter up from school. He drinks heavily when he has her and I no longer trust him to keep her safe. What do I do?
Bruning & Associates, PC | Kevin Bruning
You need to file for divorce immediately. You will be able to file a motion for limited visitation which prevents your husband from consuming alcohol before and during any visitation time with the children. May also be able to file for an order of protection if he endangers the safety of the children.
Answer Applies to: Illinois
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
You should file for a modification of visitation if you already have a court order for visitation, if not you will need to open a domestic relations case and either file for divorce if married or a petition for paternity and custody if you are unmarried.
Answer Applies to: Arkansas
Donaldson Stewart, PC | Monica H. Donaldson Stewart
You may need to file for divorce/legal separation and ask the court to enter temporary orders that prohibit him from consuming alcohol during or immediately prior to his parenting time. This issue can be complicated, so I recommend you speak with an attorney to discuss your options and best course of action.
Answer Applies to: Arizona
John E. Kirchner, Attorney at Law | John Kirchner
You need to get a court approved parenting plan/custody order that places specific restrictions upon your husband's access to the child. He may or may not obey that order, but if he disobeys it the court can then prohibit any future access.
Answer Applies to: Colorado
Michael Apicella | Apicella Law and Mediation
You can file a motion to modify custody/visitation, for instance, requesting orders that he only have supervised visitation unless and until he successfully completes alcohol rehab. Best to call a local family law lawyer to get the details on the process, as well as discuss the particular facts of your case.
Answer Applies to: California
Beaulier Law Office | Maury Beaulier
Courts make custody determinations based on what the court believes is in the child's best interests. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective.
Answer Applies to: Minnesota
Law Office of Michael W. Bugni | Jay W. Neff
Basically, you need to get the divorce filed and a motion for temporary orders on the court calendar. The court can restrict the father's access to the child if he has been drinking. If there are no orders currently in affect, you can probably withhold the child from the father for a short period because of his drinking. However, if you do that, the court is going to expect that you will very promptly file the divorce and temporary orders motions.
Answer Applies to: Washington