Question: I want to get custody of my two daughters. My wife was given custody in our divorce in 2009. But since then my wife has changed. In particular, she drinks far more now. It seems like she's drinking every time I see her or talk to her. And I mean every time. The other day when I was picking up the girls I looked in her garbage and there were something like eight empty wine bottles.
She's always drinking something when I pick-up or drop-off the kids. It's either beer, wine or liquor. The kids have told me that she's always drinking in the house and one time she went to sleep on the kitchen floor, they said. I think she got a DUI a few months ago, but I'm not sure. Her drinking was a big reason for our divorce but it's gotten much worse. She could never stop with just one.
Now I'm worried about her ability to supervise the children. I'd like to get custody so that they don't have to live with her and hopefully they'll be much safer with me.
She lives in Alpharetta and I live in Johns Creek. Do you think I can get custody if she is an alcoholic who is not getting treated?
Answer: You have a strong argument for custody of the children if you can prove that it is dangerous for your former wife to have custody. You would need to show that her actions and judgment are impaired to a great extent and that it puts the kids in jeopardy.
We have won cases like this by introducing evidence in the form of testimony, pictures, video and/or audio recordings that demonstrate what she is doing.
We have introduced into evidence pictures of people passed-out, video of people vomiting and audio recordings of people screaming profanity and punching walls. Social media can also come into play because we have seen individuals post photos on Facebook, for instance, that demonstrate very poor judgment, like the person who bragged that they drove over 100 miles home while on heroin.
A court will decide whether it is dangerous for her to be in control of the kids. To win these cases, you need to gather as much evidence as possible of her actions. A good child custody lawyer can help you plan an effective strategy.
When you need to speak with a Johns Creek custody lawyer, just call us at 678-215-4106. Our child custody law team will help you navigate through any situation. We handle cases throughout the Atlanta metro area.