Question:  I am writing to you with a divorce question.  Early in my marriage I worked as a nurse at the Gwinnett Medical Center and I met my husband through a good friend.  My husband worked as a doctor at Children's Healthcare of Atlanta at Scottish Rite.  He made me quit my job, which I loved, when I got pregnant with our first child.  He said that when the kids got older I could go back to the hospital or work in his clinic which he opened in Dunwoody after a few years at Scottish Rite.  But he never let me go back to work at a hospital or anywhere else.  He used to joke that I could work at The Cheetah in Midtown.  He has a sick sense of humor.  He is very jealous and he never even let me do charity work at a place like The Sedreck Fields Foundation or The Enchanted Closet.

I got so bored staying at home that I started to drink heavily and then I started smoking a lot of marijuana.  I drank too much and smoked so much pot that I wound up getting arrested for DUI three times and possession of pot twice.  But I went to a great rehab and got better.

Now my husband wants to get a divorce and marry his assistant and move to Buckhead.  He keeps telling me I'll never see my kids again.  I very worried.  Could he be right?  I love my kids and I no longer drink or smoke pot.

Answer:  Custody, in the state of Georgia, is determined by a judge based upon “the best interests of the child” standard.  Divorce cases often involve determinations of child custody.  A judge will look at the totality of the facts and circumstances and try to determine what is best for the child or children involved.

Just because you battled alcohol and drug addiction does not disqualify you from gaining custody of the children.  And the fact that you attended rehab and are now “clean” should help your case.  It does not sound like you are in any way a danger to the children.  It appears that the DUI charges and pot charges are a thing of the past.  We would need more facts to better analyze the matter and to advise you on strategies and tactics.  Please email us or call us and we can provide more help.

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