How do I prove that my husband is a major alcoholic to prevent him from having visitation with our children?

Child Custody 5 views 2 answers
How do I prove he abuses alcohol? I can find documentation of hospitalizations (like EOB or hospital bills, but they don't state 'reason' or 'alcohol poisoning' and he's been arrested for domestic abuse as well (no physical documentation, would police have records?) I can get many witnesses to sign or testify that they're aware of his alcoholism, would something like that work?

Attorney Answers

2
Patrick Sampair ·
There are many different avenues available to assist you with protecting your children from a substance abusing parent. Fortunatly you are walking a path that many have walked before you. It is important that you recognize that you can not force him to quit drinking and that the court will ultimatly limit or restrict his access, but you likely will not be able to prohibit him from seeing them at all. You should request in your initial filing that the court order an evaluation to determine what type of parental access is in the children's best interest. You should also seeka free consulttion with an experienced family law attorney before you file anything to learn more about your options. Good luck to you and your children!
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Christopher Hildebrand ·
Many grocery stores offer customers a rewards card for discounts on items purchased with the card. You may serve a subpoena on the grocery store(s) where you spouse shops to obtain a detailed list of all items he/she purchased, including alcohol. The documentation will also show the date the purchases were made. The court may be concerned there is a problem if there are substantial and repeated purchases of alcohol. Another effective way to establish abuse of alcohol is by filing a motion to obtain an order requiring your spouse to participate in a Substance Abuse Assessment through TASC. The expert conducting the assessment will consider information you provide, as well as information provided by your witnesses. I would secure affidavits from all of your witnesses regarding their observations of your spouse's consumption of alcohol, which I would attach to the motion requesting the assessment and would provide to the expert conducting the assessment. I have used this approach in the past and found it to be very effective. I woud also request that your spouse undergo random weekly testing through TASC for alcohol. TASC tests for the ethyl gluconuride metabolite, which remains in the system for as much as five days after consumption. Positive test results for alcohol after the issue of your spouse's abuse of alcohol has been raised in the case will raise red flags for the court that there is a problem and your spouse's parenting time may be restricted. I have attached a few links below that provide valuable information on Arizona child custody related issues. Feel free to email me at [email protected] if I may be of further help to you and your children.
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