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[quote=Anonymous]My brother in law is married to a woman who divorced a guy who was an addict.  There were definitely times where she felt her children were in danger when they were with him.  It was more than just drinking, it was pill popping as well.  They got to a point where he had to be drug tested and do a breathalyzer in order to see the kids.  If either test came back positive, he forfeited his visitation that day/weekend.  She had to bide her time building a case against him before she finally went for full custody.  I'm estimating it was about 7 years or so.  She now has full legal and physical custody.

I would be terrified at leaving an alcoholic spouse for the reasons you mention...you can't protect them when they're with her.  And I do NOT believe a court will simply give your brother full custody right off the bat so you are right to be concerned.

I would tell him to see a lawyer and find out what kind of evidence they think would be best for proving that he should be primary custodial parent given her alcoholism.  Then he should start collecting that evidence.  Keep records of every stint in and out of rehab.  Keep journal entries of when she's drunk.  If she's arrested for dui or public intoxication, get copies of the arrest records.  If she forgets to pick up the kids, misses their activities b/c she's drunk, physically hurts them in any way.  Build a case while they're still married.  When he thinks he has what he needs, start the divorce process.  [/quote]

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