custody of infant

[denniesmith]

What is the name of your state? texas

Ok, here's the situation. My husband walked out on me. We got along fine till I had our son. Then, things started to change. He wouldn't even hold the baby until he was a couple of months old. He's a bad alcoholic, and he got a little cabin fever. He had a bad habit of leaving to go out and not coming home till 3 or 4 in the morning or not even for days at a time without calling or even letting me know where he was - I was worried sick!
He's had two different online profiles looking for other women before he finally left me. (He always had excuses for these, saying they were just for pictures or whatever, blah blah blah; BTW I know his infidelity to me really has nothing to do with custody)
He cannot drive anywhere at all without drinking, and it worries me. Now that we're split, he's insisting on one week with me, one week with him. But our child is only 5 months old, and he's never really been that interested in him before! That was the main thing we fought about - the late nite partying. He has another son by another woman and went two years without seeing him at all (that son stayed with his mother when it was dad's weekend)

I don't feel comfortable leaving my son with him a week at a time. I could handle the mental abuse when we were married b/c it was just directed towards me (I thought he would change) but now when I'm not there, will he still go out partying all the time and leave my son with whoever will watch him?
Here's the catch. After I had my son, I went through post partum depression. Along with the struggles of living with an alcoholic (blowing entire paychecks instead of paying bills, not coming home or calling, screaming at me all the time). I attempted 'suicide'. I took about 12 pills right in front of him, I wasn't really trying to do it, I was just making a point. I didn't know what else to do to get his attention. I realize how stupid that is now, but at the time with post partum I wasn't thinking clearly.
This was all over 3 months ago and I'm taking medication to control the post partum.
He claims I'm mentally unstable and if I fight him on the week on/ week off thing, he'll take full custody.

What are the odds that he could get full custody? (He's an irresponsible alcoholic with warrants)
If I fight, what are the odds that he would get a more traditional every other weekend and a day each week, with the rest of the time with me?

I just think he's too young to be shuffled back and forth all the time. BTW, he's staying an hour away from me. I've been a good wife and mother. I know I know, it was stupid to stay as long as I did, but just advice on the custody issue please.

 

[CJane]

I think it's very unlikely that a judge would award that sort of schedule for a child this young.

TX has some pretty stringent guidelines for visitation schedules, and it's my understanding that they're not often deviated from unless the parties agree... perhaps someone with more TX knowledge will stop in.

But... unless you can PROVE he's an alcoholic AND that his alcoholism poses a significant and immediate threat to the child, you might as well forget about it now.

 

[denniesmith]

I do have numerous witnesses as to his drinking problems. His warrants for his arrest are for unpaid tickets for open container. All he was also attending alcoholic anonymous meetings with his boss for a while, before he stopped going.

When you say they wouldn't award an arrangement for a child that young, do you mean the week on/ week off or just him with full custody?

What situation would be most likely in your opinion-
him full custody
week on/ week off
me with custody, him getting every other weekend and one day each week

Thanks for the advice, just another's opinion would be great.

 

[CJane]

I do have numerous witnesses as to his drinking problems. His warrants for his arrest are for unpaid tickets for open container. All he was also attending alcoholic anonymous meetings with his boss for a while, before he stopped going.

That's not proof. And his attending alcoholics anonymous can be seen as a positive - it shows a desire to get help.

When you say they wouldn't award an arrangement for a child that young, do you mean the week on/ week off or just him with full custody?

I mean the week on/week off.

What situation would be most likely in your opinion-
him full custody
week on/ week off
me with custody, him getting every other weekend and one day each week

Thanks for the advice, just another's opinion would be great.

It's a toss up and there haven't been nearly enough facts posted to even begin to postulate.