Question: My ex-wife is threatening to take full custody of our 2 children (a boy and a girl). We were divorced 3 years ago. It was a nasty divorce.
Now she says I shouldn't even be able to see the kids because sometimes I drink alcohol around them. I admit that I do drink around the kids. Sometimes I'll have a beer with lunch or a mixed drink with dinner. I usually have just one drink with my meal. But my wife said I shouldn't drink around them at all. I don't get drunk around the kids. Actually I never really get intoxicated.
Now my ex-wife said that she has spoken with a divorce attorney and they want to take away my ability to see my kids. She doesn't even want me to visit with them. She said anyone who drinks around their children is an alcoholic and should go to AA meetings.
My ex-wife is very religious and she doesn't like me to drink. When we were married she would drink a lot of gin and vodka while hiding in the garage or the attic. We got divorced because she had multiple affairs, including one with a postal worker and an affair with a local tennis coach.
Do you think my former wife will stop me from seeing my kids? What should I do because I need visitation and custody? I live in Roswell, Georgia, in the Martin's Landing community. My office is on Old Roswell Road.
T.R. in Roswell
Answer: It does not appear that your former spouse will be able to modify child custody or visitation based upon the facts you have shared. Having a drink with a meal is perfectly legal and is something that millions and millions of Americans do.
Apparently she has not alleged that you act in a bad way after having a drink (or even that you are getting drunk), she merely believes that a person should not drink around their children. She is entitled to her opinion, but we see nothing that would give a judge a compelling reason to modify custody or visitation. In fact, many people consider it customary to have a drink with a meal.
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