How do I protect my daughter from being around her father when he's drunk? 15 Answers as of November 23, 2011

My 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?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Bruning & Associates, PC
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
Replied: 11/22/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
To limit his access to your daughter, you will have to file for divorce and obtain temporary custody, with father's parenting time limited to not drinking when he is with her.
Answer Applies to: Ohio
Replied: 11/21/2011
Law Office of Kathryn L. Hudson
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
Replied: 11/21/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
File a motion to suspend visitation and require father to participate in alcohol treatment as a precondition to contact with the child.
Answer Applies to: California
Replied: 11/19/2011
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
You need to file for divorce and ask for custody.
Answer Applies to: Georgia
Replied: 11/18/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    I would file an action with the Family Court that includes an Order for Custody and an Order restricting the father's visitation or custody rights until he seeks help with the drinking.
    Answer Applies to: Nevada
    Replied: 11/18/2011
    Donaldson Stewart, PC
    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
    Replied: 11/18/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You should get an appropriate court order.
    Answer Applies to: Washington
    Replied: 11/18/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 11/18/2011
    Michael Apicella
    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
    Replied: 11/18/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Notify school officials of your concern. File immediately for emergency restraining orders to prevent him from having contact with the child when he is intoxicated.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Beaulier Law Office
    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
    Replied: 11/18/2011
    Law Office of Michael W. Bugni
    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
    Replied: 11/18/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney