divorcing an alcoholic

[mommy24/7]

What is the name of your state? Tx

I want to divorve my husband because of his addictions, drinking, computer games, pornography ect. We have a small child, and I know he is going to fight me for 50/50 custody. He is a very functioning alcoholic, and can quit at any time and stay sober for months at a time, during this time he is very depressed and turns to other addictions, computer games, lots of coffee. But always fails and goes back to drinking. He has a-lot of family,church and friends support. I am a stay at home mom who will struggle as a single parent. I am also going to alannon meetings.
1. Can he get 50/50 custody
2. how can I prove that he has a drinking problem, since he is very functioning and his friends will support him, and I know he will stop drinking during this time while going through the divorce?
3. Can he get custody just because I will be a struggling single parent?What is the name of your state?

 

[LdiJ]

What is the name of your state? Tx

I want to divorve my husband because of his addictions, drinking, computer games, pornography ect. We have a small child, and I know he is going to fight me for 50/50 custody. He is a very functioning alcoholic, and can quit at any time and stay sober for months at a time, during this time he is very depressed and turns to other addictions, computer games, lots of coffee. But always fails and goes back to drinking. He has a-lot of family,church and friends support. I am a stay at home mom who will struggle as a single parent. I am also going to alannon meetings.
1. Can he get 50/50 custody
2. how can I prove that he has a drinking problem, since he is very functioning and his friends will support him, and I know he will stop drinking during this time while going through the divorce?
3. Can he get custody just because I will be a struggling single parent?What is the name of your state?

No one can say with any certainty that he will or won't get 50/50. That depends on the judge and the totality of the circumstances. Of course, the fact that you don't have hard evidence of his drinking problems doesn't help your position.

The fact that you will be a struggling single parent is completely irrelevant.

 

[Bali Hai]

No one can say with any certainty that he will or won't get 50/50. That depends on the judge and the totality of the circumstances. Of course, the fact that you don't have hard evidence of his drinking problems doesn't help your position.

The fact that you will be a struggling single parent is completely irrelevant.

The fact that someone might drink occasionally may lead someone else to believe that person has a drinking problem.

The fact that someone might drink heavily may not be a problem for someone else.

OP's perception that her husband has a drinking problem is subjective and besed solely on her point of view. This perception works out nicely in the overall scheme, if the judge buys it.

 

[fairisfair]

The fact that someone might drink occasionally may lead someone else to believe that person has a drinking problem.

The fact that someone might drink heavily may not be a problem for someone else.
OP's perception that her husband has a drinking problem is subjective and besed solely on her point of view. This perception works out nicely in the overall scheme, if the judge buys it.

Yeah, generally another person who drinks at least as much, preferrably a little more!!!

 

[mommy24/7]

If I am able to prove that he has a drinking problem, can he get custudy?

 

[mommyof4]

Since when is coffee an illegal addiction? I can't get through the day without Vanilla Coke. Granted, it's not Starbucks, but it's caffeine. Computer games? Occasional alcohol? (he goes for months without a drink.)

Is he showing the pornography to the child? Is it child porn? Is your child even AWARE of the porn? If so, how much do you have to do with the awareness?

How do you plan on proving he is an alcoholic?

 

[seagoing]

I agree with the perception,did it done that.I must ask,what makes you think hubby will look for full custody?It does happen.Remember too,tthe judge will expect BOTH parents to contribute to child support.SO,the stay at home will come to an end.Unless hubby has been arrested for being drunk and drunk actions like DUI ,and not just one little offense ,drinking won't be easy to prove,unlss of course he's fool enough to admit.Have you called the police and filed reports for abuse etc.So the guy likes video games,and some porn,guess what,LOTS of guys do.Sometimes I drink coffee while I play,and yes,guys do like to imbibe ,especially when younger.Nothing like a few beers or cup of joe while we unwind from a day at work.Perhaps there is more to the story.If the guy is an abusing,blackout puking ,unemployed bum.Then I might think you have a case.But it seems like you want OUT and need to find an excuse in him.Just file and go.You want out,don't fight him,leave the home and child(you can have visitation),get a job and have a nice rest of your life without him.

 

[mommy24/7]

I can prove that he drinks by receipts and he has also admitted it to a group at church, as far as the coffee, my point was that when he attempts to try to quit drinking, he has to have pot after pot of coffee daily, or another stimulant. As far as the porn, I am not against porn at all and I know that no man will ever give that up, but when it becomes an addiction, the entire family suffers. he spends hours per day on computer games and hours watching porn, so this is an addiction. I just wanted some advise here, I am going to divorce him, but I will not walk away and leave my daughter with an addict, and he also has a dwi.

 

[LdiJ]

I can prove that he drinks by receipts and he has also admitted it to a group at church, as far as the coffee, my point was that when he attempts to try to quit drinking, he has to have pot after pot of coffee daily, or another stimulant. As far as the porn, I am not against porn at all and I know that no man will ever give that up, but when it becomes an addiction, the entire family suffers. he spends hours per day on computer games and hours watching porn, so this is an addiction. I just wanted some advise here, I am going to divorce him, but I will not walk away and leave my daughter with an addict, and he also has a dwi.

If its fairly recent, then you have proof that he has a drinking problem. However, if its just one DWI, and the child was not in the car with him, then it won't prevent him having regular visitation.

 

[mommy24/7]

Thanks everyone, I now have an attorney