Reply to Husband on his 4th DUI, worried about losing child in divorce.

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Listen. 50/50 custody is far less common than people think, even when there’s no substance abuse involved. In your scenario, there is absolutely no world in which this person is getting 50/50. Four DUIs is extreme.

I just divorced an alcoholic and was awarded sole legal and physical custody. My children are with me full time. The court ordered that their father may have supervised visitation only after completing treatment and enrolling in ongoing breath and urine monitoring to verify abstinence. He has refused to do any of that, so there is currently no visitation.

Even if he were to choose treatment and recovery, the court would require at least six months of consistent, documented compliance before even considering unsupervised parenting time.

For context, I’m in Montgomery County, Maryland. My ex has zero DUIs. He does, however, have medical records confirming cirrhosis/pancreatitis, and a long history of failed rehabs. Early in our separation, he appeared credible on paper — employed and earning $300k. Once he moved out, his drinking escalated, he started dating, blew all his money, and he is now unemployed.

Courts look at patterns and risk, not wishful thinking. Four DUIs is a *massive* red flag. You need a good attorney. Immediately. [/quote]

WHOA WHOA!! slow your roll, PP!
OP clearly stated that DH has ZERO DUIs on his record. Two charges were dropped and the third was pleaded down. This means there is likely NO EVIDENCE of harm to child.

OP-  any chance child was in the car during the third or fourth arrests?[/quote]

This happened 4 times and there is evidence, whether it’s on “on the record” or not. Purchase receipts from liquor stores paint a picture too. She can hire a PI to prove he drinks daily, drinks and drives, etc. Judges make decisions based on patterns not isolated incidents. One DUI 10 years ago is far different than **FOUR** DUIs, including a recent one.

This is about child safety. Kids cannot be alone with a man who routinely gets behind the wheel drunk. If dad chooses to get well, fantastic. Then he should have shared custody. If not, the kids are better off away from him. Growing up in a household with addiction creates serious lifelong harm.  [/quote]

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