My husband and i is going through divorce ….. and we have 4 year old son ….. i dont trust him arround my son …… he is alcoholic and i think he is useing drug as well….. iam so afraid when my son is in the car with him what i he is drunk and driving ……. is there any way that the court gives him to visting time so he doesnt see him at all ? what should i do ….
i dont want him to see my son
help me 
iam residence of california
Tell the judge that
You THINK he’s drunk when he’s driving but you CAN’T tell?
this is your HUSBAND and you can’t TELL if he’s DRUNK…
I think you’re embellishing everything you see a little to much. You let him drive when you think he might be drunk and high?
Tell it to the judge.
You should give this information to your lawyer, hopefully this will help get what you are asking, its up to the judge.
call child protective services/attotnry , if you are using one….the child should NOT be released to a dad who is not responsible. Maybe supervised visitation is in order.
I can’t believe you haven’t done something about this already. Jesus, talk to a lawyer, and voice your concerns about your son. IT’S NOT THAT DIFFICULT! Plus make him take a drug test. God, you’re a mother, DO WHAT IT TAKES TO MAKE SURE YOUR CHILD IS SAFE!!!!!!!!!!!!!
if life is at risk then it may be better to act against the law, you can always justify it in court later
tell your attorney all of this. you may be able to have him drug/alcohol tested.
Talk to the judge who is handling your divorce, tell them your situation and what is happening. More than liking if they find out your husband is doing those things, the judge will give you full parenting rights and take his away. But talk to the judge first.
Call an attorney, give them all the details. This guy shouldn’t have any custody rights if he’s putting your child in danger.
However, I don’t think it’s right to completely cut him off. Perhaps supervised visitation would be the way to go with this jack ass.
But you need to do something now before it gets really bad and something does happen to your innocent son.
if he is a alcoholic and using drugs i really don’t think that you are gonna have much of a problem..if anything i think he will only get supervised visits with him..GL
What about just taking your son and moving far far away to another country. You know, Canada is nice. Okay, maybe that’s not realistic, though really, why not? Do think about THAT option.
But what you gotta do is find proof of his alcoholic abuse. If there’s a risk of your son’s life then you’re gonna beat him in court. Or, you can hire someone to take him out (you know, like a bounty hunter) Email me, I’ll give you my prices.
I’m just kidding….
Not really…
okay, yes I am
sounds to me like you are trumping up alcoholic charges so hhe wouldnt see his son and you can have the tiny lil munchkin all to yourself. stop being greedy and learn to share
The judge can’t go on your word alone. There needs to be evidence. Does your husband have prior convictions? If so, that is a big help.
The type of question you are asking is best answered by a lawyer. However, the judge isn’t going to play “he said, she said” with you. No evidence, no case.
Go to court with proof of your ex’s drinking and get full custody of your child. Your ex can visit him at your house or have otherwise chaperoned visits when he is sober and someone else is there to make sure nothing goes wrong.
gurl tell the judge that
http://www.childsworld.ca.gov/ChildWelfa_351.htm
Contact Child Protective Services. They will be able to help you obtain the right information to keep your son safe.
Be strong, it will all be ok.
If things are that bad you can file for emergency custody to keep your child out of harms way. Usually, if you file for emergency custody, the judge will see you same day. You will have to give good cause so that the judge can make a decision. Once he gives you temporary emergency custody, (which is usually until court date is set so that custody and your divorce can be finalized), you can keep your son from being around his father. Your ex might even get supervised visitation because the courts believe that a child is better off with both parents around if they can work together. In this case, your son is better off being just with you. Good Luck!!!
You need to ask the judge for SOLE custody meaning he does not get visitation rights at all. If you feel this is too severe, then ask for sole physical custody but he gets SUPERVISED visitation – meaning a social worker will be there when he spends time with the child….so he can’t be drunk or high. I personally wouldn’t want to cut the father out all together even though he’s a screw up right now. Everyone goes through mistakes and someday he will regret what he’s doing. I would go for sole custody and then revisit the arrangements each year. If you feel he’s improved and is seeking help for his issues, then perhaps he can be trusted around your son.
Geez – evidently I need to put a legal disclaimer on here b/c someone pointed out I didn’t have my info right. Ok – here goes:
I AM NOT A LEGAL EXPERT. i DO NOT CLAIM TO HAVE LEGAL KNOWLEDGE AND THEREFORE, ANY ADVICE i GIVE SHOULD BE TAKEN WITH THIS UNDERSTANDING.
Anyone who comes on Yahoo answers and expects 100% accuracy on a legal question is an idiot anyway so stop giving me sh*t darkangel!!!!
No..the court won’t not let him see your son, if you can prove what your saying is true to the courts, then your soon to be ex- may have to have monitored visitation with a chaperone, they may even make him go to rehab but you can’t just not let your ex-husband see his child…no court would do that. The only way that the court would not allow him to not see the child is if it has been proven that he has already done something harmful to your child, but if it is not documented that he has ever actually hurt your son, or put him in situations where he could be hurt then it is unlikely that they will stop him from seeing him. If you ever suspected your husband of being drunk whild driving with your son in the cat, then why didn’t you ever call the cops and have him pulled over?
You need to get proof of these allegations and show them to the court, you also could have your 4 year old son testify if he knows what he is talking about how and if he sees his dad do anything.
Other than that it is your word against his. I would hope this man loves his child enough to know better.
some of these people are such jerks! it can be very difficult to have to take your son away from his dad! I couldnt imagine having to do that! Lets give you a break, right? But do talk to the judge and seek legal advice and btw i understand how its hard to know if someone is drunk and driving WHEN YOU ARENT THERE- hello ?! do these people even think sometimes? I am sorry that you have to read those comments! Well good luck and no matter how hard it is you must do whats best for your baby! Dont feel guilty about doing what you have to and dont feel stupid for asking this question! Bless you!
Request for supervised visitation only.
If you are going to tell teh judge that he is a drug user adn an alcoholic you will have to provide some proof of that. If he has had previous DUI or has been arrested for posession or alcohol related incidents bring that with you to court, otherwise, it will all be hear say.’
Good luck
Comments